Watsonville City Council
October 14, 2025

3 Reso No. ______ (CM)
Reference: Reso No. 155-19 (CM)
Meeting Date: 101425

4. That the City Manager be and is hereby authorized and directed to execute the Agreements for and on behalf of the City of Watsonville, with minor revisions that may be approved by the City Manager and the City Attorney. ***********************************

City of Watsonville - First Amendment 10.1.2025

FIRST AMENDMENT TO

FUEL SUPPLY AGREEMENT
This FIRST AMENDMENT TO FUEL SUPPLY AGREEMENT (this “Amendment”) is entered into effective as of October, ___ 2025 ( “Effective Date”) to the Fuel Supply Agreement, dated October 1, 2019 (the “Agreement”) by and between WORLD FUEL SERVICES, INC. a Texas corporation on its behalf and on behalf of its Affiliates (collectively “Seller”) and CITY OF WATSONVILLE (“Customer”), a California municipality located at 250 Main Street, Watsonville, CA 95076. To the extent that there are any conflicts or ambiguities between the provisions of this Amendment and the Agreement, the provisions of this Amendment shall prevail. Capitalized terms used without definition in this Amendment shall have the meaning ascribed to such terms in the existing Agreement (defined below).

RECITALS
WHEREAS, Seller and Customer entered into the Agreement with respect to Seller’s sale and delivery of aviation fuel to Customer;
WHEREAS, Seller and Customer desire to amend the Agreement in the manner and to the extent set forth herein.

NOW, THEREFORE, in consideration of the agreements contained herein and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:

1. Amendment to the Agreement.
a. Section 2. Duration and Renewal. Section 2 of the Agreement is hereby amended as follows:

The reference to “five (5)” is deleted and replaced with “eight (8)” and the reference to “1,250,000” is deleted and replaced with “1,850,000”.
b. Section 3. Pricing. Section 3(b) of the Agreement is hereby amended as follows:

The reference to “$0.14135” is deleted and replaced with “$0.16208” c. Section 7. Force Majeure. Section 7 of the Agreement is hereby deleted in its entirety and replaced with the following:

7. Force Majeure.
(a) Neither party shall be in breach of nor have any liability for its failure to perform any obligation under this Agreement in the event that performance is prevented, hindered, delayed as a result of any cause beyond the reasonable control of such party (“Force Majeure Event”), whether or not such Force Majeure Event may have been foreseen or was foreseeable at the time of contracting and regardless of whether the effect of such Force Majeure Event is direct or indirect, including but not limited to: (i) any act of God; (ii) fire, accident or explosion; (iii) landslide, earthquake, lightning, storm, hurricane, flood, tidal wave or other adverse weather condition; (iv) any war (whether declared or not), revolution, act of civil or military authority, riot, blockade, embargo, trade sanction, terrorism, sabotage, or civil commotion; (v) any pandemic, epidemic or quarantine restriction; (vi) strikes (whether legal or not), labor disturbance, whether involving the employees of the affected party, and regardless of whether the disturbance could be settled by acceding to the demands of the labor group; (vii) compliance with applicable law or a

City of Watsonville - First Amendment 10.1.2025
change, request or order of any governmental authority or agent or regulator; (viii) failures of any electrical supply, telecommunications, transport, equipment, pipeline or plant or any mechanical breakdowns howsoever caused; (ix) shortage in raw material, transportation, manufacturing, or Fuel from Seller’s contemplated source of
supply; (x) any determination that proceeding with a delivery would be a violation of the sanctions laws or regulations of the United States or any other jurisdiction to which the affected party may be subject.
(b) In the event that performance is prevented, hindered, or delayed by such a Force Majeure Event, Seller may reduce deliveries so long as such aviation fuel meets the standards set forth in Section 4 of the Agreement and shall not be obliged to acquire or purchase additional quantities from other suppliers.
(c) The Parties shall not be liable for demurrage, off-hire or delay or any additional costs incurred resulting from or in any way attributable to any of the foregoing Force Majeure Events.
(d) The Parties shall not be obligated to make up any delivery shortfalls omitted as a result of any Force Majeure Event. Quantities not sold or purchased due to the occurrence of such a Force Majeure Event may be reduced or eliminated from the contractual amount upon mutual agreement by the Parties.
(e) If due to a Force Majeure Event Seller is unable to supply the total demand for any Fuel and/or is only able to perform part of its contractual obligations, Seller shall ensure compliance with the standards set forth in Section 4 of the Agreement for partial performance of its contractual obligations, or by prior written notice to the Customer, Seller may allocate its available Fuel and/or services among its departments and divisions in such manner as it may so determine for the period during which such Force Majeure may exist.
d. Section 14. Indemnification. Section 14 of the Agreement is hereby deleted in its entirety and replaced with the following:

14. Indemnification
(a) Indemnification. Each party shall indemnify, defend and hold the other party and its directors, officers, employees and agents harmless from and against any and all expenses (including attorneys' fees) liabilities and claims of whatsoever kind and nature, including but not limited to, those for damage to property (including property of the parties) or for injury to or death of any person (including a party), directly or indirectly, arising or alleged to arise out of or in any way connected with the willful misconduct, negligent acts or omissions, violation of law, or breach of this Agreement by the indemnifying party. The foregoing indemnity shall not apply to the extent such expense, liability or claims result from the negligent acts or omissions or willful misconduct of the party seeking indemnification.
(b) SELLER SHALL NOT HAVE ANY LIABILITY TO CUSTOMER OR ANY THIRD PARTY FOR (i) ANY DELAY OR (ii) LOSS OF ACTUAL OR ANTICIPATED PROFIT OR (iii) LOSSES CAUSED BY BUSINESS INTERRUPTION OR (iv) LOSS OF GOODWILL OR REPUTATION OR (v) ACTS OR OMISSIONS OF THIRD PARTY VENDORS OR (vi) FOR

INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL

DAMAGES WHETHER OR NOT FORESEEABLE, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM THE EXERCISE OF SELLER’S RIGHT TO SUSPEND AND/OR TERMINATE DELIVERY OF FUEL.
(c) IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT

OF OR RELATED TO THE AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO

BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED $250,000.00.

City of Watsonville - First Amendment 10.1.2025
e. Section 18. Allowances. Section 18 of the Agreement is hereby deleted in its entirety and replaced with the following:

Software Allowance. Seller will provide up to $5,700.00 annually for the Term towards the cost of Customer’s credit card software.
f. Section 19. Miscellaneous. Section 19 (e) Governing Law, Disputes of the Agreement is hereby deleted in its entirety and replaced with the following:
(e) Governing Law, Disputes. This Agreement shall be construed in accordance with the laws of the State of California. Venue for all legal actions, suits, or proceedings relative to the formation, interpretation, or performance of this Agreement shall be exclusively vested in either state courts of California or the federal courts located in the state of California. g. Section 19. Miscellaneous. Section 19 (f) Attorneys’ Fee, of the Agreement is hereby amended as follows:

The reference “substantially” is deleted and removed from the Agreement.

2. Effectiveness. This Amendment shall be effective on the date above first written.

3. Ratification. All of the terms, covenants, conditions, provisions and agreements contained in the Agreement shall remain in full force and effect as if the same had been set forth in full, except as herein otherwise expressly provided or modified.

4. Binding Agreement. This Amendment shall be binding upon, and inure to the benefit of, the parties hereto, their respective legal representatives, successors and assigns.

5. Counterparts. This Amendment may be executed in one or more counterparts, each of which, when so executed and delivered, shall be deemed original, but all of which taken together shall constitute but one and the same instrument.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed by their respective officers as of the day and year first above written.

WORLD FUEL SERVICES, INC. CITY OF WATSONVILLE
By: By:

Christine S. Coombs
Sr. Director, Finance Printed Name and Title

City of Watsonville Refueler Lease Agreement 09.09.2025 V#1

REFUELER LEASE AGREEMENT
This Refueler Lease Agreement (this “Lease Agreement”) outlines the terms and conditions under which Ascent Aviation Group, Inc., both for itself and its Affiliates (collectively “Lessor”) agrees to lease a refueler (hereinafter the “Refueler”) to City of Watsonville (“Lessee”). The terms and conditions shall continue until modified as provided herein by either of the parties hereto.

Lessor : Ascent Aviation Group, Inc. Lessee: City of Watsonville One Mill Street 250 Main Street
Parish, NY 13131 Watsonville, CA 95076
800-272-3681
Ship To: Watsonville Municipal Airport
Refueler: See Attached Exhibit “A”. 100 B Aviation Way
Watsonville, CA 95076

1. Term – This Lease Agreement and all obligations herein shall begin on October 1, 2025, and shall continue for a period of at least three (3) years or until terminated as provided for herein. After this the initial lease term has expired, this Lease Agreement will renew automatically on a month-to-month basis until terminated by either party giving ninety (90) days in advance, written notice to the other.

2. Payments – Lessee shall pay Lessor the total sum of, see Attached Exhibit “A”, US Dollars per month plus any applicable taxes for the lease of said Refueler. This sum is payable and due on the first of each month, and any such payment not received by the 10th of each month shall be subject to additional late charges.

3. Delivery and Return of Refueler – Lessor will arrange to have the Refueler(s) delivered to Lesse. At termination of this Lease Agreement, Lessee shall be responsible for return costs of said Refueler(s), not to exceed $3,500.00. The truck shall be returned in the same good order and condition in which it was received by Lessee, reasonable wear and tear accepted. Lessee is responsible for all costs associated with the application and removal of any customer and/or site-specific decals and imaging. Upon noncompliance of said Lease by Lessee, Lessor shall have the right to take possession of said Refueler at any time.

Pre-surrender Inspection – At least 30 days prior to surrender of the Refueler, but in no event earlier than 60 days prior to such surrender, an in-depth physical inspection will be conducted by an appropriate service representative on behalf of, and selected by Lessor, and paid for by Lessor. Any part, component, or function found not to be within the manufacturer’s tolerances and operational specifications will be replaced or brought within those tolerances and specifications to the satisfaction of Lessor, at the sole cost and expense of Lessee. The cost of physical damage, both internal and external, will be the responsibility of Lessee, and there shall be no broken glass. The pumping system will be fully operational with no missing or damaged parts. Tires shall be of matched generic type and tread design and have a minimum of 10/32nds remaining tread. Batteries shall be fully operational, hold a charge, and perform with the manufacturer’s standards, with no dead cells or cracked cases. Brake drums shall not be cracked, and have an average of 50% remaining wear, and brake linings shall have no less than 50% remaining lining.

Paint and/or body damage must not exceed $500.00 per unit including but not limited to, body, fenders, bumpers, grill, fuel tanks, rust damage etc. The interior must be in good condition. Dash panels and interior trim pieces must not be missing and be free of any holes, cracks or breaks. No rips, tears or burn holes in the seats will be accepted. All gauges and knobs must be in working condition and not missing. Interior damage must not exceed $150.00. There shall be no fluid leaks on the engine, engine components and drivetrain. Leaks are defined as A) normal build up, B) wet accumulation, C) drips. A, is acceptable, where B &C are not acceptable and must be repaired/replaced prior to turning back in. Engines must be free of all engine warnings and error lights and active codes.

All trucks 2008 and newer must have an operational diesel particulate filter capable of regeneration. All emissions components and systems, including but not limited to DPF, EGR, EGR cooler, SCR and DEF systems must be operational and pass industry test and inspection.

Product hoses shall be less than 5 years old, and free from abrasions, cuts, soft spots, carcass separation, worn covers, blisters, exposed reinforcement, cracks, twists and sharp bends that give the appearance of pending failure. Product hose life will be based on available hose life left in hose and costs prorated, with 10 year new hoses being 100%, 5 years remaining 50% etc. Hose certificates must be available.

4. Condition of Refueler – It is understood and agreed that the Refueler provided hereunder will be well-maintained and operable when delivered; but Lessor makes no warranties, express or implied, concerning same. Without making itself a party to any warranties, and without becoming liable thereon, Lessor agrees to make available for the benefit of Lessee any warranties, which Lessor has or may obtain from manufacturers, dealers or sellers of said Refueler. Lessee or Lessee’s agent will inspect the Refueler

City of Watsonville Refueler Lease Agreement 09.09.2025 V#1 at the point of delivery, prior to accepting it, and represents that it is qualified to do so. A Bill of Lading, signed by Lessee or Lessee’s agent, shall be proof that Lessee has inspected and accepted the Refueler in satisfactory condition.

5. Maintenance of Refueler -- Lessee is responsible for all maintenance except that Lessor shall provide major repairs and/or replacements, as set forth in Exhibit “B” attached hereto and made a part hereof, for the vehicle drive train (engine, transmission, differential) and product delivery system (pumps, power take-off) which, in Lessor’s sole but reasonable judgment, are not necessitated by Lessee’s neglect, abuse, accident or failure to perform maintenance as provided in this Lease Agreement for a period of six (6) months from original delivery date. Lessee shall provide, at Lessor’s request, documentation that all Preventive Maintenance and Inspections, as required by the manufacturer of the Refueler and this Lease Agreement, have been completed as set forth in Exhibit “D”.

All other repairs and replacements of the Refueler which the Lessor deems necessary or desirable shall be made by and at the expense of the Lessee. Approved changes in maintenance responsibilities will require this Lease Agreement to be modified accordingly by written amendments executed by Lessor and Lessee. If Lessee fails to perform any maintenance or repair for which Lessee is obligated hereunder within ten (10) days after notification and request by the Lessor, the Lessor may (without prejudice to its other rights on account of such breach of this Lease Agreement) perform such maintenance or repair and shall be reimbursed by Lessee on demand for all reasonable, necessary, and documented costs incurred by the Lessor relating to the necessary maintenance or repair.

6. Refueler Inspections- Lessee agrees to perform all State, Federal, Provincial and Commercial inspections as required by specific location.

7. Operation of Refueler – Refueler shall be used only for dispensing fuel purchased from Lessor unless otherwise agreed to in writing. Lessee shall exercise direct control over all persons who operate the Refueler and shall ensure that such persons operate the Refueler safely and in accordance with all laws, ordinances, rules and regulations, which apply to the use of refueler on airports.

Lessee agrees to use the Refueler only for the purpose for which it is intended. The Refueler may not be driven on public streets and highways nor used by a third party without the express written consent of Lessor.

8. Fuel Requirements: For any vehicle that requires ULSD (Ultra Low Sulfur Diesel) containing 15 ppm sulfur or less. Failure to use ULSD in the equipment may cause damage to the engine and other components, including the Diesel Particulate Filter (DPF). Lessee will be responsible for any and all costs to repair damage to World Fuel Services’ equipment caused by failure to use ULSD including, but not limited to, transportation, lost rental and repairs. Repairs will be made by a service provider chosen by Lessor.

9. Inspection of Refueler – Upon forty-eight (48) hours’ notice, Lessee shall afford Lessor and/or its designated representatives access to the premises where the Refueler is located for the purpose of inspecting the Refueler and all applicable maintenance or other records relating thereto at any reasonable time during normal business hours and at Lessor’s sole cost and expense; provided, however, if Lessee defaults as to its obligation hereunder, no prior notice or other limitation shall apply to Lessor’s inspection rights and any such inspection shall be at Lessee’s expense. Lessee shall, whenever reasonably requested by Lessor, advise Lessor of the exact location of any and all items of the Refueler.

10. Indemnification – To the fullest extent permitted by applicable law, Lessee shall indemnify, defend and hold harmless Lessor and agents, employees, and successors of any of them or any other entity as required by this Lease Agreement from and against claims, suits, penalties, damages, losses, response costs, administrative order, notice letter, or enforcement action and expenses, including but not limited to attorney’s fees, arising out of or resulting from performance of this Lease Agreement provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of the tangible property including clean up or remediation costs due to threat of release, discharge, escape of hazardous substance or waste, including aviation gasoline, jet fuel, pre-blended jet fuel, motor gasoline, diesel fuel and biodiesel fuel but only to the extent caused by the negligent acts or omissions of Lessee or anyone directly or indirectly employed by them or anyone for whose acts they may be liable.

Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person. [cont.]

City of Watsonville Refueler Lease Agreement 09.09.2025 V#1 Lessee shall pay or reimburse Lessor, and indemnify, defend and hold Lessor harmless from, on an after-tax basis, all taxes, assessments, fees and other governmental charges paid or required to be paid by Lessor or Lessee in any way arising out of or related to the Refueler or any Lease Agreement before or during the term or after the term in the event Lessee defaults, including but not limited to, foreign, US, state, county and municipal fees, taxes and assessments, and property, value-added, sales, use, gross receipts, excise, stamp and documentary taxes, and all related penalties, fines, additions to tax and interest charges (“Impositions”), excluding only taxes based on or measured by Lessor's net income unless such taxes are in lieu of any Imposition Lessee would otherwise be required to pay hereunder. Lessee shall timely pay any Imposition for which Lessee is primarily responsible under law and any other Imposition not payable or not paid by Lessor, but Lessee shall have no obligation to pay any Imposition being contested in good faith and by appropriate legal proceedings, the nonpayment of which does not, in the opinion of Lessor, result in a material risk of adverse effect on the title, property, use, disposition or other rights of Lessor with respect to the Refueler. Upon Lessor's request, Lessee shall furnish proof of its payment of any Imposition.

11. Insurance - At all times during this agreement, Lessee at its own expense shall maintain the following insurance coverage prior to delivery:
a) Aviation General Liability insurance with limits not less than $1,000,000 each occurrence and $2,000,000 annual aggregate as respects Products and Completed Operations Liability. Lessor and its affiliates, subsidiaries, and the directors, officers, agents and employees shall be named as additional insured.
b) Workers’ Compensation with statutory limits required by all applicable State and Federal Worker’s compensation laws. c) Pollution liability insurance with limits of at least $1,000,000 that includes coverage for bodily injury, property and cleanup costs.
d) Physical damage coverage covering the value of any leased equipment. Lessor shall be named as Loss Payee as its interests appear.
i. It is agreed that the coverage maintained by Lessee is primary and must not require nor contemplate contribution by any insurance maintained by Lessor.
ii. All Lessee’s insurance policies shall provide Lessor with at least 30 days’ advance notice of cancellation of any of Lessee’s policies.
iii. All Lessee’s insurance shall be underwritten by insurers with the best AM rating of A- or better. e) A Certificate of Insurance as proof of the aforementioned insurance policies shall be provided prior to delivery:

Ascent Aviation Group
Attn: Equipment Group
Email: [email protected]
1 Mill Street
Parish, NY 13131

12. Title to Refueler – Title to the Refueler remains with Lessor and or third party throughout the term of this Lease Agreement. Lessee shall not encumber the Refueler in any way. Lessee does not have any ownership interest in the Refueler and may not assign the Refueler or this Lease Agreement to anyone without the express written consent of Lessor, which shall not be unreasonably withheld or delayed. During the term of this Lease Agreement, Lessor shall have the option of substituting the Refueler identified above with the Refueler of substantially similar specifications. Substituted Refueler shall be subject to this Lease Agreement. Substitutions will not cause increases in the amount of the payments due under this Lease Agreement.

13. Default – If Lessee defaults in any of its obligations of this Lease Agreement, Lessor shall give notice to Lessee concerning the nature of the default. If such default is not corrected within ten (10) days of such notice (other than a payment default for which no cure period is applicable), Lessor shall have the right to terminate this Lease Agreement. Should this Lease Agreement be terminated for this or for any other reason whatsoever, Lessor shall have the right to take immediate possession of the Refueler without demand or legal process and free of all rights of Lessee. Lessee specifically waives any right of action it might otherwise have arising out of such entry and repossession, whereupon all rights of Lessee in the Refueler or its contents shall terminate immediately. In the event of any action, legal or equitable, by either party to enforce this Lease Agreement or any of its provisions, the prevailing party shall be allowed a reasonable attorney’s fee to be set by the court and taxed as costs in the action.

14. Acceleration - Lessor reserves the right, in addition to all other rights and remedies available to it under the law, in equity or otherwise, to accelerate and demand payment of all amounts due, if Lessee fails to make any payment or otherwise comply with the terms as herein provided, if Lessee is in breach of any other agreement with Lessor, or if Lessor, in its sole discretion, at any time deems itself insecure with regard to the creditworthiness or financial condition of Lessee.

City of Watsonville Refueler Lease Agreement 09.09.2025 V#1

15. Notices – All notices required to be given, shall be in writing and posted or hand delivered to the addresses shown above.

16. Governing Law; Venue; Waiver of Jury Trial. This Lease Agreement, including all exhibits attached hereto, is governed by, and construed in accordance with, the laws of the State of New York, without regard to the conflict of laws provisions. Each party irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against the other party arising from or relating to this Lease Agreement in any forum other than, at Lessor’s option, either 1) the courts sitting in Oswego County, New York, or 2) the courts sitting in the county (or its equivalent) where the Refueler are physically located. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED

BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING,

CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS LEASE AGREEMENT, INCLUDING ALL EXHIBITS ATTACHED HERETO, OR THE TRANSACTIONS CONTEMPLATED HEREBY.

17. Assignment and Waiver- Lessee shall not assign this Lease Agreement without the written consent of Lessor. The Refueler may be owned by a third party and leased by Lessor, and this Lease Agreement may be subordinate to such Lease. In the event that such third party becomes entitled to possession of the Refueler, Lessee agrees to abide by such Lease or enter into a new lease with such third party. As used herein, an "Affiliate" of Lessor is any corporation, partnership, joint venture or other entity in which World Fuel Services Corporation, a Florida corporation, owns, directly or indirectly, an equity interest of fifty percent (50%) or more. The waiver by either party of the breach of any provision hereof shall not constitute a waiver of any subsequent or continuing breach of such provision or provisions.

18. Entire Agreement – The terms and conditions of this Lease Agreement constitute the entire agreement among the parties with respect to the Refueler and supersede all previous negotiations, representations, or agreements between the parties, whether written or oral. If any part of this Lease Agreement is deemed to be unenforceable, the remainder of this Lease Agreement shall remain in full force and effect. Only a written instrument executed by Lessor and Lessee may amend this Lease Agreement.

19. No Conflict - Each of Customer and Seller represents and warrants to the other that neither the execution and delivery of this Agreement by it, nor the consummation of the transactions contemplated hereby, will: (a) violate or conflict with, or result in a breach of any provision of, or constitute a default under any existing agreement or other instrument or obligation to which it is a party; (b) violate any applicable law, regulation, ordinance, or rule with which it must comply; (c) violate any of its respective internal policies, procedures, or guidelines; or (d) require any action, or consent or approval of, or review by, any other party, except as shall have been duly obtained and effective as of the date of this Agreement.

In Witness Whereof, the parties have hereby agreed to all of the above terms and conditions as of the date last indicated below.

Lessor: ASCENT AVIATION GROUP, INC. Lessee: CITY OF WATSONBILLE By: ___________________________________ By: _______________________________________ Christine S. Coombs __________________________________________ Sr. Director Finance Print Name and Title
Date: __________________________________ Date: ______________________________________

City of Watsonville Refueler Lease Agreement 09.09.2025 V#1 EXHIBIT “A” ATTACHED TO

REFUELER LEASE AGREEMENT
City of Watsonville
REFUELER DESCRIPTIONS:

Asset # 44506
2020 Isuzu 1000 Gallon Avgas Refueler
VIN: 54DC4W1B7LS806510
Value: $140,490
Lease Rate: $0.00/ per month
Term: October 1, 2025 – September 30, 2028
Note: Lessee Insurance Responsibilities begin from date of delivery to City of Watsonville (WVI) In Witness Whereof, the parties have hereby agreed to all of the above terms and conditions stated in Exhibit “A”, as of the date last indicated below.

Lessor: ASCENT AVIATION GROUP, INC. Lessee: CITY OF WATSONVILLE By: ___________________________________ By: _______________________________________ Christine S. Coombs __________________________________________ Sr. Director Finance Print Name and Title
Date: __________________________________ Date: ______________________________________

City of Watsonville Refueler Lease Agreement 09.09.2025 V#1 EXHIBIT “B” ATTACHED TO

REFUELER LEASE AGREEMENT
Repairs provided by the Lessor to said Refueler, as stated in Paragraph 5 of this Lease Agreement, are further defined as follows. If any repairs are caused by the Lessee failing to perform maintenance required in Exhibit “D”, Lessee shall be responsible for all such repairs.

1. ENGINE
(a) Block and internal components
(b) Cylinder heads, head gaskets and valves
(c) Blower or turbo charger assembly
(d) Timing chain and gear assembly, gasket and seal
(e) Flywheel and ring gear
(f) Front and rear crankshaft seal
(g) Oil pump and shaft

2. TRANSMISSION
(a) Housing and internal components
(b) Torque converter
(c) Input and output shaft bearings and seals

3. DIFFERENTIAL
(a) Housing and internal components (ring gear and pinion assembly) (b) Pinion bearing and seal

4. FRAME, AXLES, WHEELS AND SUSPENSION
(a) Chassis frame rails and cross members
(b) Springs, load cushions and airbags
(c) Walking beams and torsion bars
(d) Wheel hubs
(e) Axles, king-pins and spindles
(f) Steering box internal components including bearings and seals

5. BRAKE SYSTEM
(a) Air compressor internal components
(b) Master cylinder and vacuum booster

6. PRODUCT PUMP, PTO, AND TRANSFER CASE
(a) Housing and internal components
(b) Input and output shaft bearings and seals

City of Watsonville Refueler Lease Agreement 09.09.2025 V#1 EXHIBIT “D”

REFUELER LEASE AGREEMENT

PREVENTATIVE MAINTENANCE SCHEDULE
World Fuel Services PM Checklist
FBO UNIT # VIN#
MILES DATE TECHNICIAN:

HOURS CUSTOMERS SIGNATURE
UNDER THE HOOD Description of Inspection Repair OK Date, Condition or Replacement Initials 1 AIR FILTER
Record Condition and Change Date - Should be
changed at least annually or every 1000 hours
2 ENGINE OIL
Record Condition and Change Date - Should be
changed at least every 6 months or 500 hours
3 ENGINE OIL SAMPLES Annually, take an oil sample and send out for analysis 4 OIL FILTER
Record Condition and Change Date - Should be
changed at least every 6 months or 500 hours
5 AUTOMATIC TRANSMISSION
Record Condition and level - check for burnt smell or
discoloration. Fluid and filters should be changed
annually with manufacturers recommended fluid
6 FUEL LINE & FILTERS
Record Condition and Change Date - Filters should be
changed at least annually
7 ANTIFREEZE
Top off as needed, protection should be between -25
and -30
8 COOLANT SYSTEM
Check for hose and radiator leaks - Confirm overfill
bottle in good condition
9 BELTS Check for cracking or glazing, replace as necessary 10 BATTERY TERMINALS & CABLES
Check for loose or corroded terminals, clean and repair as needed
CAB monthly Repair OK
1 CLEANLINESS Is the inside of the cab clean and free of clutter 2 WINDSHIELD CAB GLASS
Do windows roll up and down, are there any cracks or
chips in the windshield ? What is the condition of the
mirrors?
3 WIPER BLADES, ARMS, & HOSES Repair or replace as needed 4 STARTING SYSTEM Does the key turn freely, does the engine turn over slow 5 ENGINE OPERATION Start engine to build up air pressure, check all gauges 5a ENGINE OPERATION
Is there excessive rattling in the engine during operation, does it smoke excessively during start up ?
5b ENGINE OPERATION Check low air warning buzzer and light. 6 ELECTRICAL CHARGING SYSTEM Record voltage or does the gauge read + / - 12 volts 7 LIGHTING SYSTEM Do the dash and dome lights work ?
8 EXTERIOR LIGHTS Do all of the exterior lights work properly ? 9 STEERING - Condition
Does the steering wheel have excessive play when
turning ?
10 PARKING - BRAKE SYSTEM Does the brake hold the truck when in gear ? 11 CLUTCH / TRANSMISSION
Check for excessive play in the linkage - should be
greased at least once per year
12 AIR COMPRESSOR
Does the compressor pump up the system in a timely
manner ?

City of Watsonville Refueler Lease Agreement 09.09.2025 V#1 CHASSIS Semi- Annual Repair OK
1 TANK AND SILLS
Check the tightness of the tank to the chassis &
condition of sill boards/monthly for 1st 6 months/then
every 6 months
2 TIRE & WHEELS
Check for loose or missing lugs & slippage on spoke
style wheels/record tread depth.
3 EXHAUST SYSTEM
Check for cracks or holes in pipe & muffler. Check
condition of hangers
4 SUSPENSION
Check over all condition looking for broken or cracked
parts
5 CHASSIS LUBE
Check zirks for evidence of grease, should be done at
least every 6 months
5a KING PINS
Raise front axle to grease King Pins, turn wheels lock to lock to distribute lube.
6 TRANSMISSION LUBE Check and fill as necessary
7 DIFFERENTIAL LUBE Check and fill as necessary
8 UNIVERSAL JOINTS
Check zirks for evidence of grease, should be done at
least every 6 months. Does the PTO have safety wire?
9 AIR RESERVOIR Check drains and cables
10 BRAKES - ADJUSTMENT
Drive truck in an open space away from obstructions.

Adjust brakes only if you are certified to do so, if not call a contractor
11 PARKING BRAKE
Check parking brake, check parking brake pop out valve
to release at 35 lbs.

PUMPING SYSTEM Semi- Annual Repair OK Date, Condition or Replacement 1 PUMP GEAR BOX LUBE
after first 100 hrs of ops then every 500 hrs or semi
annual
2 ELECTRICAL
Check all of the boots on the micro switches, look at
LED's on proximity switches
3 BRAKE INTERLOCK
Test all interlocks and brake over ride switch (Replace seal on over ride switch after checking)
4 NOZZLES & SCREENS
Check screens for debris, proper gasket / o-ring ,
broken parts or leaks
5 PRODUCT HOSE Extend out completely checking all surfaces 6 HOSE REEL
Check sprocket for broken teeth & alignment of chain.

Remove zirks from swivels, replace with plug
7 GROUND REEL
Extend out completely checking for cracks or frays, note over all condition and brand, perform continuity test and note results
8 DISPENSING SYSTEM - LEAKS
General condition of plumbing including pipes and
flanges
9 WATER SUMP VALVES & DRAIN
Ensure they are operating and do not leak, check that
Morrison valves closes
10 AIR CONTROLS
With the engine off listen for escaping air from the
system.
11 METER - SEAL Does the meter have the proper seal
12 METER - TOTALIZER Record totalizer reading
13 METER Record date of calibration
14 PRODUCT FILTER SPECS Model - Element - Gasket Numbers 15 PRODUCT FILTER DATE OF CHANGIf not replaced by you, what was the last date of change TANK Semi- Annual Repair OK Date, Condition or Replacement 1 MAN WAY GASKETS Look for cracked or missing o-ring
2 TANK INTERIOR - Condition
Check inside of tank looking for rust and debris. Clean as required.
3 CATWALK DRAINS CLEAR
Check condition of drain tubes, should free of cracks
and not discolored. Check for obstructions that may be
blocking drain tubes
MISCELLANEOUS Monthly Repair OK Date, Condition or Replacement 1 PRODUCT ID / DECALS
Check for missing decals inside cab & over all condition of exterior
2 FIRE EXTINGUISHERS
Check for seal or missing pin, note date of inspection, must be B/C units
3 AIR SYSTEM LEAKS Inspect for leaks and note locations of leaks 4 PRIST INJECTOR Test for proper operation and verify injection rate

City of Watsonville Refueler Lease Agreement 09.09.2025 V#1 Body/Chassis

NOTE ANY DAMAGE
NOTES

1 CITY COUNCIL AGENDA REPORT
MEETING DATE: Tuesday, October 14, 2025
TO: CITY COUNCIL
WRITTEN BY: FACILITIES MANAGER BERRY
RECOMMENDED BY: DEPUTY CITY MANAGER CALUBAQUIB
APPROVED BY: TAMARA VIDES, CITY MANAGER
SUBJECT: APPROVE FIRST CONTRACT AMENDMENT FOR ON-CALL

PROFESSIONAL ENGINEERING SERVICES WITH HARRIS & ASSOCIATES, INC. FOR THE RAMSAY PARK RENAISSANCE PROJECT, NO. PK-22-01, INCREASING COMPENSATION BY $129,745 AND EXTENDING
CONTRACT TERM TO DECEMBER 31, 2026
RECOMMENDATION:

Adopt a resolution approving the First Contract Amendment for on-call professional engineering services with Harris & Associates, Inc. for the Ramsay Park Renaissance Project, No. PK-22-01, increasing the amount of compensation by $129,745 and extending the contract term to December 31, 2026; and authorizing the City Manager to execute the same.

BACKGROUND:

On March 26, 2024, the City Council adopted Resolution No. 45-24 (CM) to award a construction contract to Robert a Bothman for the Ramsay Park Renaissance Project, No. PK-22-01. The need for inspection services was identified for daily inspections and reporting on essential elements of the project. Staff requested a cost proposal from Harris & Associates, Inc., who were listed on the On-Call Professional Engineering Services list for the City of Watsonville Public Works & Utilities Department.

On June 11, 2024, the City Council adopted Resolution No. 102-24 (CM) for a consultant services agreement with Harris & Associates, Inc., for professional engineering services on the Ramsay Park Renaissance Project, No. PK-22-01, in an amount not to exceed $449,864, with a contract term of December 31, 2025.

2 DISCUSSION:

Harris & Associates, Inc. has been providing inspection services since June 2024, when construction began on the Ramsay Park Renaissance Project. Part-time inspection services were initially provided at the beginning of the project, but it soon became evident that full-time services would be necessary. Services under this contract include reviewing the project’s plan and specifications, conducting field inspections, and providing daily reports. Inspection services are essential to this project because they ensure quality control compliance and adherence to the City’s standard construction details. Additionally, the inspector is responsible for documenting everyday activities with photographs and providing daily reports on work completed, personnel, and on-site equipment.

The Ramsay Park Renaissance Project was originally earmarked for completion in August 2025 based on the original contract documents. Based on staff recommendations and final approval by the city council, five change orders were added to the project, totaling a cumulative value of $1,353,945.35. Additionally, the coordination with PG&E for the removal of an abandoned gas transmission pipeline on the property created an additional delay. Consequently, the combination of these factors resulted in an extension of the completion date to April 21, 2026.

The additional compensation of $129,745 will allow inspection services to continue until the end of February 2026. The contract’s term date will also be extended to December 31, 2026, based on the project’s new completion date. Inspection services are an essential element of the project, and the first amendment to the contract with Harris & Associates is recommended to ensure inspection services continue until the end of the project.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:

On August 16, 2023, an Administrative Use Permit and Design Review Permit with Environmental Review (PP2022-4245) was approved, with Findings and Conditions, for the Ramsay Park Renaissance Project by the Zoning Administrator for the City of Watsonville. No supplemental environmental documentation is required by CEQA at this time pursuant to CEQA Guidelines section 15162, because no substantial changes are proposed to the Project with this First Amendment and no new information of substantial importance has been identified. Additionally, no addendum is required pursuant to CEQA Guidelines section 15164 because no technical changes or additions are proposed through this First Amendment, and this First Amendment will not create any new or intensified impacts that have not already been analyzed. No supplemental environmental documentation is required by CEQA at this time pursuant to CEQA Guidelines section 15162, because no substantial changes are proposed to the Project with this First Amendment and no new information of substantial importance has been identified. Additionally, no addendum is required pursuant to CEQA Guidelines section 15164 because no technical changes or additions are proposed through this First Amendment, and this First Amendment will not create any new or intensified impacts that have not already been analyzed.

3 STRATEGIC PLAN:

The project supports the following priorities:
1) Infrastructure & Environment
2) Community Engagement & Well-Being
FINANCIAL IMPACT:

It is recommended that this contract amendment be entered as an unencumbered not to exceed the amount of $579,609.

ALTERNATIVE ACTION:

None. The City does not have the resources to conduct this work in-house.

ATTACHMENTS AND/OR REFERENCES (IF ANY):

None.

Reso No. (CM)
Reference: Reso No. 102-24 (CM) (Amend)
Meeting Date: 101425 SWZ ______ TV ______ PCS ______
1 RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE APPROVING FIRST CONTRACT AMENDMENT FOR

ON-CALL PROFESSIONAL ENGINEERING SERVICES WITH HARRIS & ASSOCIATES, INC., FOR THE RAMSAY PARK RENAISSANCE
PROJECT, NO. PK-22-01, INCREASING COMPENSATION BY $129,745 AND EXTENDING CONTRACT TERM TO DECEMBER 31, 2026; AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME
WHEREAS, on June 11, 2024, City Council adopted Resolution No. 102-24 (CM) awarding a consultant contract to Harris & Associates, Inc. for on-call professional engineering services on the Ramsay Park Renaissance Project, No. PK-22-01, in an amount not to exceed $449,864 with a contract term ending on December 31, 2025; and
WHEREAS, this First Amendment to Contract will increase compensation by $129,745 for a total revised contract amount of $579,609 and extend the term date from December 31, 2025 to December 31, 2026.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

1. On August 16, 2023, an Administrative Use Permit and Design Review Permit with Environmental Review (PP2022-4245) was approved, with Findings and Conditions, for the Ramsay Park Renaissance Project by the Zoning Administrator for the City of Watsonville. No supplemental environmental documentation is required by CEQA at this time pursuant to CEQA Guidelines section 15162, because no substantial changes are proposed to the Project with this First Amendment and no new information of substantial importance has been identified. Additionally, no addendum is required pursuant to CEQA Guidelines section 15164 because no technical changes or additions

Reso No. (CM)
Reference: Reso No. 102-24 (CM) (Amend)
Meeting Date: 101425
2 are proposed through this First Amendment, and this First Amendment will not create any new or intensified impacts that have not already been analyzed.

2. That the First Amendment between the City of Watsonville and Harris & Associates, Inc., a copy of which is attached hereto and incorporated herein by this reference is hereby approved.

3. The City Manager is hereby authorized and directed to execute said First Amendment for and on behalf of the City of Watsonville with minor revisions that may be approved by the City Manager and the City Attorney.
********************************

1 FIRST AMENDMENT TO CONSULTANT SERVICES CONTRACT
BETWEEN THE CITY OF WATSONVILLE AND HARRIS & ASSOCIATES INC.

THIS FIRST AMENDMENT TO CONTRACT for consultant services is entered into by and between the City of Watsonville ("City") and Harris & Associates INC. (“Consultant”) this 25
th day of September, 2025, The City and Consultant agree as follows:

RECITALS
WHEREAS, the City and Consultant have previously executed a Consultant Services Contract for on-call professional engineering services for the Ramsay Park Renaissance Project, No. PK-22-01 beginning June 14, 2025 through December 31, 2025.

WHEREAS, the City has added additional tasks to the work program of the Consultant causing additional time and cost to the project completion; and WHEREAS, the amendment of the Contract for Consultant Services is in the best interest of the City of Watsonville.

NOW, THEREFORE, the City and the Consultant agree that the Contract shall be amended as follows:

Section 2 is hereby amended to add the following:
"Section 2. Term of Contract. Contract end date to extend to December 31, 2026.

Section 4 is hereby amended to read:
"Section 4 and Exhibit "C" both entitled "Compensation" of the Contract, are hereby amended to provide an additional amount of compensation of one hundred twenty nine thousand, seven hundred forty-five ($129,745.00) for professional services.

Docusign Envelope ID: F2EE95E0-E8F1-4963-88F4-9CBC2A8835F7

2 All other terms and conditions of the Contract dated June 17, 2024 as amended, shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Consultant Services Contract the day and year first hereinabove written.

CITY OF WATSONVILLE HARRIS & ASSOCIATES INC.

By___________________________ By______________________________ Tamara Vides, City Manager Matt Nethercutt, Vice President

ATTEST:

By___________________________
Irwin Ortiz, City Clerk
APPROVED AS TO FORM:

By___________________________
Samantha Zutler, City Attorney
Docusign Envelope ID: F2EE95E0-E8F1-4963-88F4-9CBC2A8835F7

3 EXHIBIT “B”

SCHEDULE OF PERFORMANCE
Extend term date to December 31, 2026
Docusign Envelope ID: F2EE95E0-E8F1-4963-88F4-9CBC2A8835F7

4 EXHIBIT "C"
Compensation
Add an additional amount of $129,745.00.

Docusign Envelope ID: F2EE95E0-E8F1-4963-88F4-9CBC2A8835F7

450 Lincoln Avenue, Suite 103, Salinas, CA 93901  (831) 233-9242  WeAreHarris.com September 4, 2025
Robert Berry
Senior Utilities Engineer
Parks and Community Services
City of Watsonville
231 Union St
Watsonville CA 95076
RE: Amendment 1 for Ramsay Renaissance improvements
Dear Bob
We appreciate the opportunity to provide continuing services for the Ramsay Renaissance project. Per our discussions we are extending our current inspection services provided by Daniel Vega from October to the end February per the attached fee estimate. It is anticipated, depending on what work is accomplished during the winter months, that the project will be close to completion by the end of February and that the City may elect to cover any additional need for inspection services beyond February, internally.

This amendment request extends our time and materials work under our existing City of Watsonville On-Call Agreement for the Ramsay project.

PROPOSED FEES
The proposed fee for the project is a not to exceed $129,745. This fee represents 734 hours over 5 months.

Regards,
Matt Nethercutt
Vice President of NorCal PMCM
Enclosures: Fee Estimate
Docusign Envelope ID: F2EE95E0-E8F1-4963-88F4-9CBC2A8835F7

Amendment #1
City of Watsonville
Ramsay Renaissance
Fee Estimate Total hrs Total fees
2025 17 18 19 20 21 22
rate Sep-25 Oct-25 Nov-25 Dec-25 Jan-26 Feb-26
Escalation 200.00 160.00 160.00 200.00 160.00 160.00
Matt Nethercutt $ 283 2.0 2.0 2.0 2.0 2.0 10 $ 2,875
Daniel Vega (PW Inspections) $ 175 80.0 80.0 100.0 80.0 64.0 404 $ 71,708 Daniel Vega (Non-PW) $ 170 64.0 64.0 80.0 64.0 48.0 320 $ 55,162 Total Hours - 146.0 146.0 182.0 146.0 114.0 734
Monthly Fee - 25,446 25,446 31,666 26,464 20,723 $ 129,745 Reimbursable allowance (software fees)
Total Authorization Required $ 129,745
Cumulative totals
Hours - 146.0 292.0 474.0 620.0 734.0
Dollars - 25,446 50,892 82,558 109,022 129,745
Qualifications:

Rates escalate at 4% in the years after 2024 -
City to supply office space in family Center
No vehicles are included. If rquired, a monthly fee of $1250 would apply.

Ramsay Renaissance
9/4/202512:44 PM
Docusign Envelope ID: F2EE95E0-E8F1-4963-88F4-9CBC2A8835F7

1 CITY COUNCIL AGENDA REPORT
MEETING DATE: Tuesday, October 14, 2025
TO: CITY COUNCIL
WRITTEN BY: PRINCIPAL MANAGEMENT ANALYST ZAVALA
RECOMMENDED BY: CITY MANAGER VIDES
APPROVED BY: TAMARA VIDES, CITY MANAGER
SUBJECT: CONTRACT WITH PJ TRUCKING ACADEMY, LLC FOR COMMERCIAL DRIVER’S LICENSE (CDL) TRAINING
RECOMMENDATION:

It is recommended that the City Council adopt a resolution authorizing the City Manager to enter into a new contract with PJ Trucking Academy LLC (PJ Trucking) for the provision of Commercial Driver’s License (CDL) training services for City staff, in an amount not to exceed $56,000 BACKGROUND:

In February 2022, the Federal Motor Carrier Safety Administration (FMCSA) implemented new Entry-Level Driver Training (ELDT) regulations requiring all applicants for a Commercial Driver’s License (CDL) to complete training from a provider registered with FMCSA’s Training Provider Registry. The training includes both a theory component and behind-the-wheel instruction, with detailed reporting requirements to FMCSA and the Department of Motor Vehicles (DMV).

To meet these new requirements, the City of Watsonville quickly responded by training three experienced Public Works staff through a Train-the-Trainer program offered by the City’s insurance pool, the California Intergovernmental Risk Authority (CIRA). For the first two years, this program functioned effectively and allowed staff to provide ELDT training in-house. However, the 15-hour minimum behind the wheel requirement, coupled with curriculum tracking and FMCSA reporting, placed a significant burden on the City staff responsible for training while balancing their operational duties.

Given these challenges, the City sought external providers to deliver CDL training. PJ Trucking was identified as one of only three local FMCSA-registered providers and offered a competitively priced training package. At the time, PJ Trucking’s average cost was $4,300 per trained staff, compared to $8,100 for MTS and $7,400 for Truck Driver Institute, the other two local providers. PJ Trucking also did not charge

2 additional fees for failed tests. Their services include comprehensive theory and behind-the-wheel instruction, guiding staff from the initial step of obtaining their CDL permit all the way through passing the DMV road test, as well as handling all FMCSA and DMV reporting requirements until the trainee obtains their CDL.

DISCUSSION:

On February 15, 2024, the City entered into its first contract with PJ Trucking for CDL training, with a notto-exceed amount of $55,000. This initial contract funded training for four “Opportunity to Work” program participants who successfully obtained their CDL, as well as several full-time staff required to meet licensing requirements.

In August 2024, an additional $35,000 was authorized to expand training opportunities for eight more staff members, addressing the backlog of employees overdue for CDL certification. To date, PJ Trucking has successfully trained 18 City staff members, demonstrating that they are a reliable and cost-effective partner in ensuring compliance with federal training mandates.

Staff now recommend entering into a new contract with PJ Trucking under the same terms, with a not-toexceed amount of $56,000. PJ Trucking’s current fees are $5,600 per participant for Class A CDL training and $5,000 for Class B CDL training. The proposed funding level would cover training for approximately 10 Class A CDL staff, ensuring that the City continues to meet regulatory requirements and maintain sufficient qualified personnel for critical operations in Public Works and other divisions.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:

N/A
STRATEGIC PLAN:

Efficient and Well-performing Government
Infrastructure & Environment
FINANCIAL IMPACT:

The proposed contract amount of $56,000 will be funded through each participating department’s already allocated training budget. No additional appropriations are required.

ALTERNATIVE ACTION:

The City Council may choose not to authorize a new contract with PJ Trucking, which would require staff to either resume providing CDL training in-house or seek another FMCSA registered training provider.

ATTACHMENTS AND/OR REFERENCES (IF ANY):

None.

Reso No. (CM)
Meeting Date: 101425 SWZ ______ TV ______ PWU ______
1 RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE APPROVING A CONTRACT WITH PJ TRUCKING
ACADEMY, LLC FOR COMMERCIAL DRIVER’S LICENSE (CDL)
TRAINING SERVICES, IN AN AMOUNT NOT TO EXCEED $56,000, AND

AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
SAME
WHEREAS, the Federal Motor Carrier Safety Administration (FMCSA) implemented new Entry-Level Driver Training (ELDT) regulations in February 2022, requiring all applicants for a Commercial Driver’s License (CDL) to complete training through an FMCSA registered training provider; and
WHEREAS, in order to comply with these requirements, the City of Watsonville initially trained staff in-house through a Train-the-Trainer program, but the time and administrative demands of the training program created challenges for staff tasked with delivering the training; and
WHEREAS, PJ Trucking Academy, LLC is one of only three local FMCSA registered providers and offers comprehensive theory and behind-the-wheel CDL training services, guiding City staff from obtaining their CDL permit through passing the DMV road test, while also handling all required FMCSA and DMV reporting; and WHEREAS, on February 15, 2024, the City entered into a contract with PJ Trucking Academy, LLC in the amount of $55,000, which successfully funded CDL training for several employees, including four “Opportunity to Work” participants who obtained their CDL; and
WHEREAS, in August 2024, an additional $35,000 was authorized to expand training opportunities for eight more staff, bringing the total number of City staff trained to date by PJ Trucking Academy, LLC to eighteen (18); and

Reso No. (CM)
Meeting Date: 101425
2 WHEREAS, PJ Trucking Academy, LLC has proven to be a reliable and costeffective partner in providing CDL training services and ensuring regulatory compliance; and
WHEREAS, the City now seeks to enter into a new contract with PJ Trucking Academy, LLC, in an amount not to exceed $56,000, which will allow for the continued training of City staff in compliance with federal CDL requirements; and WHEREAS, the contract costs will be funded through each participating department’s already allocated training budgets and will not require additional appropriations.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

1. That the contract with PJ Trucking Academy, LLC for CDL training services, a copy of which is attached hereto and incorporated herein by this reference, is hereby approved.

2. The City Manager be and is hereby authorized and directed to execute said contract for and on behalf of the City of Watsonville, with minor revisions that may be approved by the City Manager and the City Attorney.
**************************************

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CONTRACT FOR CONSULTANT SERVICES BETWEEN

THE CITY OF WATSONVILLE AND PJ TRUCKING ACADEMY, LLC
THIS CONTRACT, is made and entered into this , by
and between the City of Watsonville, a municipal corporation, hereinafter called "City," and PJ Trucking Academy, LLC, hereinafter called "Consultant."

WITNESSETH
WHEREAS, the City needs to obtain certain professional, technical and/or specialized services of an independent contractor to assist the City in the most economical manner; and
WHEREAS, Consultant has represented that consultant has appropriate skill, training, qualifications, and experience to render such services called for under this Contract to City.

THE PARTIES HEREBY AGREE AS FOLLOWS:

SECTION 1. SCOPE OF SERVICES. Consultant shall perform those services described in detail in Exhibit “A,” entitled “SCOPE OF SERVICES” which exhibit is attached hereto and incorporated herein.

SECTION 2. TERM OF CONTRACT. The term of this Contract shall be from October 20, 2025 to June 30,2027, inclusive.

SECTION 3. SCHEDULE OF PERFORMANCE. The services of Consultant are to be completed according to the schedule set out in Exhibit “B,” entitled “SCHEDULE OF PERFORMANCE,” which is attached hereto and incorporated herein. Consultant will diligently proceed with the agreed Scope of Services and will provide such services in a timely manner in accordance with the “SCHEDULE OF PERFORMANCE.” SECTION 4. COMPENSATION. The compensation to be paid to Consultant including both payment for professional services and reimbursable expenses as well as the rate and schedule of payment are set out in Exhibit “C” entitled “COMPENSATION,” which is attached hereto and incorporated herein. This amount shall not exceed $56,000.

SECTION 5. METHOD OF PAYMENT. Except as otherwise provided in Exhibit “C,” each month, Consultant shall furnish to the City a statement describing the work performed for compensation during the preceding month. Such statement shall also include a detailed record of the month's actual reimbursable expenditures.

SECTION 6. INDEPENDENT CONSULTANT. It is understood and agreed that Consultant, in the performance of the work and services agreed to be performed by Consultant, shall act as and be an independent Consultant and not an agent or Docusign Envelope ID: 1D7675A5-0C01-4413-8908-23E46D66471A

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employee of City, and as an independent Consultant, shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.

SECTION 7. ASSIGNABILITY. Consultant shall not assign or transfer any interest in this Contract nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Contract or any rights, duties or obligations arising hereunder shall be void and of no effect.

SECTION 8. INDEMNIFICATION. Consultant represents that Consultant has the expertise and experience necessary to perform the services and duties agreed to be performed by Consultant under this Contract, and City is relying upon the skill and knowledge of Consultant to perform said services and duties. Consultant agrees to defend, indemnify and hold harmless City, its officers, agents, and employees, against any loss or liability arising out of or resulting in any way from work performed by or on behalf of Consultant under this Contract or the errors or omissions by Consultant.

SECTION 9. INSURANCE.

A. Auto and Commercial General Liability Insurance. Consultant shall also maintain in full force and effect for the term of this Contract, automobile insurance and commercial general liability insurance with an insurance carrier satisfactory to City, which insurance shall include protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from any actual occurrence arising out of the performance of this Contract. The amounts of insurance shall not be less than the following:
(1) Commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, such limit shall apply separately to each project Consultant performs for City. Such insurance shall (a) name City, its appointed and elected officials, and its employees as insureds; and (b) be primary with respect to insurance or self-insurance programs maintained by City and (c) contain standard separation of insured's provisions.
(2) Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.

B. Workers’ Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant shall be insured against liability for Workers’ Compensation or undertake self-insurance. Consultant agrees to comply with such provisions before commencing performance of any work under this Contract.

Docusign Envelope ID: 1D7675A5-0C01-4413-8908-23E46D66471A

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C. Proof of Insurance to City before Notice to Proceed to Work. Consultant shall satisfactorily provide certificates and endorsements of insurance to the City Clerk before Notice to Proceed to Work of this Contract will be issued. Certificates and policies shall state that the policy shall not be canceled or reduced in coverage without thirty (30) days written notice to City. Approval of insurance by City shall not relieve or decrease the extent to which Consultant may be held responsible for payment of damages resulting from services or operations performed pursuant to this Contract.

Consultant shall not perform any work under this Contract until Consultant has obtained the required insurance and until the required certificates have been submitted to the City and approved by the City Attorney. If Consultant fails or refuses to produce or maintain the insurance required by these provisions, or fails or refuses to furnish City required proof that insurance has been procured and is in force and paid for, City shall have the right at City's election to forthwith terminate this Contract immediately without any financial or contractual obligation to the City. As a result of such termination, the City reserves the right to employ another consultant to complete the project.

D. Written notice. Contractor shall provide immediate written notice if (1) any insurance policy required by this Contract is terminated; (2) any policy limit is reduced; (3) or any deductible or self insured retention is increased.

SECTION 10. NON-DISCRIMINATION. Consultant shall not discriminate, in any way, against any person on the basis of age, sex, race, color, creed, national origin, or disability in connection with or related to the performance of this Contract.

SECTION 11. TERMINATION.

A. City and Consultant shall have the right to terminate this Contract, without cause, by giving not less than ten (10) days written notice of termination.

B. If Consultant fails to perform any of its material obligations under this Contract, in addition to all other remedies provided by law, City may terminate this Contract immediately upon written notice.

C. The City Manager is empowered to terminate this Contract on behalf of City.

D. In the event of termination, Consultant shall deliver to City copies of all work papers, schedules, reports and other work performed by Consultant and upon receipt thereof, Consultant shall be paid in full for services performed and reimbursable expenses incurred to the date of termination.

SECTION 12. COMPLIANCE WITH LAWS. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. Consultant shall obtain and maintain a City of Watsonville business license during the term of this Contract.

Docusign Envelope ID: 1D7675A5-0C01-4413-8908-23E46D66471A

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SECTION 13. GOVERNING LAW. City and Consultant agree that the law governing this Contract shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Contract shall be filed and maintained in the Courts of the County of Santa Cruz.

SECTION 14. PRIOR CONTRACTS AND AMENDMENTS. This Contract represents the entire understanding of the parties as to those matters contained herein.

No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Contract may only be modified by a written amendment.

SECTION 15. CONFIDENTIAL INFORMATION. Except as may be required by law, all data, documents, discussions, or other information developed or received by or for Consultant in performance of this Contract are confidential and not to be disclosed to any person except as authorized by the City Manager.

SECTION 16. OWNERSHIP OF MATERIALS. All reports, documents or other materials developed or received by Consultant or any other person engaged directly by Consultant to perform the services required hereunder shall be and remain the property of City without restriction or limitation upon their use.

SECTION 17. COVENANT AGAINST CONTINGENT FEES. The Consultant covenants that Consultant has not employed or retained any company or person to solicit or secure the Contract, and that Consultant has not paid or agreed to pay any company or person, any fees, commissions, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award or making of this Contract.

For breach or violation of this covenant, the City shall have the right to annul this Contract without liability, or in its discretion, to deduct from the contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage fee, gift, or contingency.

SECTION 18. WAIVER. Consultant agrees that waiver by City or any one or more of the conditions of performance under this Contract shall not be construed as waiver of any other condition of performance under this Contract.

SECTION 19. CONFLICT OF INTEREST.

A. A Consultant shall avoid all conflict of interest or appearance of conflict of interest in performance of this Contract. Consultant shall file a FPPC Form 700 disclosure statement, which form shall be filed with the City Clerk within thirty (30) days from the effective date of this Contract as applicable.

B. No member, officer, or employee of the City, during their tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in this Contract or the Docusign Envelope ID: 1D7675A5-0C01-4413-8908-23E46D66471A

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proceeds thereof and Consultant agrees not to allow, permit, grant, transfer, or otherwise do anything which will result in such member, officer, or employee of the City from having such interest.

SECTION 20. AUDIT BOOKS AND RECORDS. Consultant shall make available to City, its authorized agents, officers and employees, for examination any and all ledgers and books of account, invoices, vouchers, canceled checks and other records or documents evidencing or related to the expenditures and disbursements charged to the City, and shall furnish to City, its authorized agents and employees, such other evidence or information as City may require with respect to any such expense or disbursement charged by Consultant.

SECTION 21. NOTICES. All notices shall be personally served or mailed, postage prepaid, to the following addresses, or to such other address as may be designated by written notice by the parties:

CITY
City Clerk’s Office
275 Main Street, Suite 400
Watsonville, CA 95076
(831) 768-3040

CONSULTANT
PJ Trucking LLC.
783 San Andreas Road
Watsonville, CA 95076
831-402-8284
SECTION 22. EXHIBITS:

Exhibit A: Scope of Services
Exhibit B: Schedule of Performance
Exhibit C: Compensation
///
///
///
///
Docusign Envelope ID: 1D7675A5-0C01-4413-8908-23E46D66471A

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WITNESS THE EXECUTION HEREOF, on the day and year first hereinabove written.

CITY

CITY OF WATSONVILLE
BY ______________________________
Tamara Vides, City Manager
ATTEST:

BY ______________________________
Irwin I. Ortiz, City Clerk
APPROVED AS TO FORM:

BY ______________________________
Samantha W. Zutler, City Attorney

CONSULTANT
BY_________________________________
John Placencia, Owner
Docusign Envelope ID: 1D7675A5-0C01-4413-8908-23E46D66471A

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EXHIBIT "A"

SCOPE OF SERVICES
Consultant will provide comprehensive Entry-Level Driver Training (ELDT) to City employees obtaining their initial Commercial driver’s License (CDL) Class A or B and those upgrading their CDL or adding endorsements. Training will be provided on an as needed basis. The training shall equip employees with the necessary knowledge and skills to operate commercial vehicles safely and to obtain their commercial driver’s license. The Consultant will guide employees throughout the whole process and will continue working with them until they receive their CDL. All training provided shall meet the minimum Federal Curricula requirements as set forth in the Federal Motor Carrier Safety Administration’s (FMCSA ) Entry-Level Driver Training (ELDT) regulations.

Consultant shall provide qualified and certified instructors with experience in commercial driving and teaching. Instructors should possess the necessary credentials to effectively educate and assess participants.

The standard minimum curriculum covered is below. This would be modified to fit the requirements based on the type of training being conducted depending on Class, endorsements, and upgrades.

Theory
A1.1 Basic Operation

1.1.1 Orientation

1.1.2 Control Systems/Dashboard

1.1.3 Pre- and Post-Trip Inspections

1.1.4 Basic Control

1.1.5 Shifting/Operating Transmissions

1.1.6 Backing and Docking

1.1.7 Coupling and Uncoupling
A1.2 Safe Operating Procedures

1.2.1 Visual Search

1.2.2 Communication

1.2.3 Distracted Driving

1.2.4 Speed Management

1.2.5 Space Management

1.2.6 Night Operation

1.2.7 Extreme Driving Conditions
A1.3 Advanced Operating Practices

1.3.1 Hazard Perception

1.3.2 Skid Control/Recovery, Jackknifing, and Other Emergencies

1.3.3 Railroad-Highway Grade Crossings
Docusign Envelope ID: 1D7675A5-0C01-4413-8908-23E46D66471A

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A1.4 Vehicle Systems and Reporting Malfunctions

1.4.1 Identification and Diagnosis of Malfunctions

1.4.2 Roadside Inspections

1.4.3 Maintenance
A1.5 Non-Driving Activities

1.5.1 Handling and Documenting Cargo

1.5.2 Environmental Compliance Issues

1.5.3 Hours of Service Requirements

1.5.4 Fatigue and Wellness Awareness

1.5.5 Post-Crash Procedures

1.5.6 External Communications

1.5.7 Whistleblower/Coercion

1.5.8 Trip Planning

1.5.9 Drugs/Alcohol

1.5.10 Medical Requirements
Behind-the-Wheel Range
A2.1 Vehicle Inspection Pre-Trip/ Enroute/Post-Trip
A2.2 Straight Line Backing
A2.3 Alley Dock Backing (45/90 Degree)
A2.4 Off-Set Backing
A2.5 Parallel Parking Blind Side
A2.6 Parallel Parking Sight Side
A2.7 Coupling and Uncoupling
Behind-the-Wheel Public Road
A3.1 Vehicle Controls Including: Left Turns, Right Turns, Lane Changes, Curves at Highway Speeds, and Entry and Exit on the Interstate or Controlled Access Highway A3.2 Shifting/Transmission
A3.3 Communications/Signaling
A3.4 Visual Search
A3.5 Speed and Space Management
A3.6 Safe Driver Behavior
A3.7 Hours of Service (HOS) Requirements
A3.8 Hazard Perception
A3.9 Railroad (RR)-Highway Grade Crossing
A3.10 Night Operation
A3.11 Extreme Driving Conditions
A3.12 Skid Control/Recovery, Jackknifing, and Other Emergencies Docusign Envelope ID: 1D7675A5-0C01-4413-8908-23E46D66471A

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EXHIBIT "B"

SCHEDULE OF PERFORMANCE
Services shall commence immediately upon execution of this Contract. All services performed under the provisions of this Contract shall be completed in accordance with the following schedule:

Services will be provided as needed when a City needs to obtain their commercial driver’s license. The training course will follow the structure below and will be adjusted as needed per City needs. The course would be a four-to-five-week course,3-4 days a week which includes the following:
• Instruction in DMV requirements for the commercial driver’s license. The class will begin with about 3 days of in-class permit preparation where students will be trained in all the necessary material to pass their written test and receive their Commercial Learner’s Permit (CLP).
• Once the student has obtained their permit, we move on to the three Federal Motor Carrier Safety Administration (FMCSA )required categories of training. Those are Theory, Behind-the-Wheel range and Behind-the-Wheel Road training. • Consultant will begin with extensive safety training and a detailed part by part review of the entire truck and trailer. This portion of the training is what the FMCSA refers to as the “Theory” portion of the training. Standard curriculum can be seen on Exhibit A.
• When the student has demonstrated adequate comprehension of safety procedures and is familiar with the truck in its entirety, they move on to the “Range” category portion of the training. This phase involves practice driving that takes place on private property at a location that can be controlled to ensure safety while the student learns to drive. Here the student will be trained on various skills (such as lane change, parallel parking, and straight line backing). Students are also trained in all pre/post trip inspections in this phase. Standard curriculum can be seen on Exhibit A.
• When the student demonstrates that they are prepared to drive safely on public roads we then move on to our final FMCSA training category, the “Road” training. In this phase students continue enhancing their driving skills while on a public road.

Standard curriculum can be seen on Exhibit A.
• Consultant will submit training records and California Commercial Driver Behind-theWheel Training Certification (DL1236) form to the FMCSA. They are entered in the FMCSA system as a professionally trained commercial driver. • Consultant will then work with student to schedule their behind the wheel drive test at the DMV
• Consultant will accompany employee to DMV location to complete the driving skills test using Consultants vehicle.
• Consultant will continue working with employee until all tests are passed and employee obtains CDL, with no additional costs to the City.

Docusign Envelope ID: 1D7675A5-0C01-4413-8908-23E46D66471A

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EXHIBIT "C"

COMPENSATION
a. Total Compensation. The total obligation of City under this Contract shall not exceed $56,000.
b. Basis for Payment. Payment(s) to Consultant for services performed under this contract shall be made as follows and shall not include payment for reimbursable expenses:
• Total CDL Class A tuition per employee is $5,600.
• Total CDL Class B tuition per employee is $5,000.
• 50% of tuition will be billed after the first week of training with the remaining 50% being billed when the student completes the behind-the-wheel training. • DMV and medical exam fees shall be separate from tuition and covered by the City.
c. Payment Request. Consultant shall submit a request for payment for services on a monthly basis by letter to Director, or said Director's designated representative. Such request for payment shall cover the preceding monthly period during the term hereof, shall note the City's purchase order number for this contract, shall contain a detailed listing of the total number of items or tasks or hours for which payment is requested, the individual dates on which such services were rendered, and invoices for reimbursable expenses, if any. Upon receipt in the Office of Director of said payment request, Director shall cause payment to be initiated to Consultant for appropriate compensation.

Docusign Envelope ID: 1D7675A5-0C01-4413-8908-23E46D66471A

CITY COUNCIL AGENDA REPORT
MEETING DATE: Tuesday, October 14, 2025
TO: CITY COUNCIL
WRITTEN BY: PRINCIPAL ENGINEER THERIOT
RECOMMENDED BY: PUBLIC WORKS & UTILITIES DIRECTOR LINDBERG APPROVED BY: TAMARA VIDES, CITY MANAGER
SUBJECT: APPROVE FREEWAY MAINTENANCE AGREEMENT WITH CALTRANS FOR ONGOING MAINTENANCE ON HARKINS SLOUGH RD AT HIGHWAY 1
RECOMMENDATION:

Staff recommend that the City Council adopt a resolution approving the Freeway Maintenance Agreement SCR-1-2.25 Harkins Slough Road OC.

BACKGROUND:

The City, with cooperation from Caltrans, had developed plans to widen the overpass on Harkins Slough Rd over Highway 1 to provide safer access for pedestrians and bicycles traveling to Pajaro Valley High School. This project triggers the need to update the Freeway Maintenance Agreement (FMA) executed by the City and the State on February 23, 1965 (Resolution No. 42-65). This Freeway Maintenance Agreement supersedes in its entirety the FMA executed on February 23, 1965. This agreement outlines the City’s responsibility for maintaining the area on and around Harkins Slough Rd. overcrossing, excluding the freeway itself.

DISCUSSION:

The State of California owns and maintains state highways that pass through the City of Watsonville. When these were constructed, the State and the City executed Maintenance Agreements that outline the City’s responsibility for certain maintenance activities. This is in the interest of the City as we are able to act in a timely manner to address issues that arise.

Maintenance activities that are the City’s responsibility include:
 Bridge deck maintenance.
 Removal of debris, graffiti and encampments shown in Exhibit A of the FMA;  Weed abatement of areas outside of fenced freeway areas;  Maintain bicycle paths
This Agreement shall become effective on the Effective Date stated on the agreement (when last signature is attached) and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the parties or until terminated by the State for cause.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:

This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that executing a Freeway Maintenance Agreement with Caltrans does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

STRATEGIC PLAN:

Approval of the Agreement is consistent with the Strategic Plan Infrastructure & Environment
Public Safety
FINANCIAL IMPACT:

Approving the Freeway Maintenance Agreement which supersedes and replaces the February 23, 1965 FMA has no financial impact on the City.

ALTERNATIVE ACTION:

None
ATTACHMENTS AND/OR REFERENCES (IF ANY):

Exhibit A: Location Map
Exhibit B: February 23, 1965 Freeway Maintenance Agreement for reference, to be replaced

05 SCr 1

COUNTY OF SANTA CRUZ

WITH THE CITY OF WATSONVILLE IN

FREEWAY MAINTENANCE EXHIBIT

2.27 SHEET
Dist COUNTY ROUTE
TOTAL

TOTAL PROJECT SHEETS

POST MILES
No.

2. HARKINS SLOUGH ROAD - SR 1

1. VICINITY MAP

INDEX OF PLANS
AT PM 2.27
ON STATE ROUTE 1 ON HARKINS SLOUGH RD
1 2
ROUTE 1
ROUTE 152

HARKINS
SLOUGH
Rd
S G
R
E
E
N
V
A
L
L
E
Y
R
d
SILVER LEAF Dr
W
EST
B
RID
G
E
D
r
LEE R
d

OH LONE
Pkwy
LEAF
D
r
SILVER
GREEN
MEADOW Dr
PM 2.27
Br. No. 36-0089

HARKINS SLOUGH ROAD OC
SEE SHEET 2

LOCATION SITE
EXHIBIT "A"

EXHIBIT A

C
C
C
C
C
C
C
C

HARKINS SLOUGH RD
NB SR-1
SB SR-1

CALTRANS R/W
"BIKE LANE" LINE

HARKINS SLOUGH ROAD OC
PM R2.27
BR. NO. 36-0089
C C
C
"BIKE LANE"LINE
05 SCr 1 2.27
Dist COUNTY ROUTE

POST MILES

TOTAL PROJECT
SHEET
No.

TOTAL
SHEETS
2 2
HARKINS SLOUGH ROAD - SR 1
EXHIBIT "A"

WITH THE CITY OF WATSONVILLE

FREEWAY MAINTENANCE AGREEMENT
LEGEND

AREA MAINTAINED BY CITY

CALTRANS R/W
PED
PED

HARKINS SLOUGH RD
RO
U
T
E
1 EXHIBIT A

EXHIBIT B

EXHIBIT B

EXHIBIT B

EXHIBIT B

EXHIBIT B

EXHIBIT B

EXHIBIT B

1 Reso No. ______ (CM)
Reference: Reso No. 42-65 (CM) (Rescind)
Meeting Date: 101425 SWZ ______ TV ______ PWU ______
RESOLUTION NO. (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE APPROVING FREEWAY MAINTENANCE AGREEMENT
(SCR-1-2.25 HARKINS SLOUGH ROAD OC) BETWEEN THE CITY OF

WATSONVILLE AND THE CALIFORNIA DEPARTMENT OF

TRANSPORTATION (CALTRANS) FOR THE MAINTENANCE OF

ROADWAY IMPROVEMENTS AT HARKINS SLOUGH ROAD CROSSING
OF STATE ROUTE 1; AND AUTHORIZING AND DIRECTING THE CITY

MANAGER TO EXECUTE SAME
WHEREAS, on June 4, 1965, the City and the California Department of Transportation (Caltrans) executed a Freeway Maintenance Agreement, wherein the parties consented to certain adjustments of the local street and road system required for the development of a certain portion of Highway (SR) 1, declared a freeway; and WHEREAS, on February 23, 1965, the City Council adopted Resolution No. 42-65 (CM), approving an Agreement for maintenance of Harkins Slough Overpass between the City and Caltrans whereby the parties clarified the division of maintenance responsibility as to separation structures and city streets or portions thereof, and landscaped areas, within Highway (SR) 1; and
WHEREAS, this Freeway Maintenance Agreement is meant to replace or supersede the February 23, 1965 agreement; and
WHEREAS, through this Freeway Maintenance Agreement, the City and Caltrans identify the maintenance responsibilities at the interface between the State highway rightof-way and the City right-of-way for the proposed overpass widening project.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

1. This action is exempt from the requirements of the California Environmental

2 Reso No. ______ (CM)
Reference: Reso No. 42-65 (CM) (Rescind)
Meeting Date: 101425
Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that executing a Freeway Maintenance Agreement with Caltrans does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

2. That the Freeway Maintenance Agreement between the City of Watsonville and Caltrans, a copy of which is attached hereto and incorporated herein by this reference, is hereby approved.

3. The City Manager is hereby authorized and directed to execute the Agreement for and on behalf of the City of Watsonville with minor revisions that may be approved by the City Manager and the City Attorney.
**************************************

, January 22, 2025
SCR-1-2.25 Harkins Slough Road OC
05-5-HB06
4873-5766-4760 v1 1

FREEWAY MAINTENANCE AGREEMENT
WITH

CITY OF WATSONVILLE
THIS AGREEMENT is effective this ______ day of ____________, 20__, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the CITY of Watsonville, hereinafter referred to as “CITY,” and collectively referred to as “PARTIES.”

SECTION I

RECITALS

1. On June 4, 1965, a Freeway Agreement was executed between CITY and STATE, wherein the PARTIES consented to certain adjustments of the local street and road system required for the development of that portion of STATE Highway Route (SR) 1, declared a freeway, within the jurisdictional limits of the CITY.

2. Recent adjustments to said freeway have now been completed, or are nearing completion, and the PARTIES hereto mutually desire to identify the maintenance responsibilities of the CITY for areas lying within those modified freeway limits.

3. There is an existing Freeway Maintenance Agreement, with CITY dated February 23, 1965. This Agreement is meant to replace or supersede the earlier agreement.

NOW THEREFORE IT IS AGREED:

SECTION II

AGREEMENT

1. PARTIES agree this Agreement shall supersede in its entirety the Freeway Maintenance Agreement executed by PARTIES on February 23, 1965.

2. Pursuant to Section 3 of the June 4, 1965 Freeway Agreement, CITY has resumed or will resume control and maintenance over each of the relocated or reconstructed CITY roads, frontage roads, and other STATE constructed local roads, except for any portion that is adopted by STATE as a part of the freeway proper.

3. The degree or extent of maintenance work to be performed by CITY, and the standards therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the State Maintenance Manual.

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4873-5766-4760 v1 2

4. CITY agrees to continue its control and maintenance of each of the affected relocated or reconstructed CITY streets and roads as shown on that, attached hereto, Exhibit A, and made a part hereof by this reference.

5. When another planned future improvement has been constructed and/or a minor revision has been effected within the limits of the freeway herein described which will affect the PARTIES’ maintenance responsibility as described herein, and there is mutual agreement on a change in the maintenance responsibilities between PARTIES, the PARTIES can revise Exhibit A by mutual written-execution of each of the exhibits.

6. CITY must obtain the necessary Encroachment Permits from STATE’s District 5 Encroachment Permit Office prior to entering STATE right of way to perform CITY maintenance responsibilities. These permits will be issued at no cost to CITY.

7. VEHICULAR OVERCROSSINGS

7.1. CITY will maintain, at CITY expense, the deck wearing surface and structural drainage system (and shall perform such work as may be necessary to ensure an impervious and/or otherwise suitable surface) and all portions of the structure above the bridge deck, including, but without limitation, lighting installations, drainage installations, as well as all traffic service facilities (sidewalks, signs, pavement markings, bridge rails, etc.) that may be required for the benefit or control of traffic using that overcrossing.

7.2.As directed by section 92.6 of the Streets and Highways Code, at locations determined by STATE, screening shall be placed on STATE freeway overpasses on which pedestrians are allowed. All screens installed under this program will be maintained by STATE, at STATE’s expense.

8. WALLS, SOUNDWALLS, AND COLUMNS – CITY is responsible for debris removal, cleaning, and painting to keep CITY's side of any wall structure or column free of debris, dirt, and graffiti.

9. ENCAMPMENTS REMOVAL - CITY shall remove Persons Experiencing Homelessness (PEH) and any structures, personal property, debris, and/or other items related to the encampment from the locations shown on Exhibit A, subject to STATE’s Encampment Removal policy, MPD 1001 R1 and applicable State and Federal Law.

Nothing in this Agreement grants or waives the right of California Highway Patrol (CHP) and other law enforcement agencies having jurisdiction over the Locations shown on Exhibit A.

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4873-5766-4760 v1 3

10.Graffiti Removal- CITY, at CITY’s sole cost and expense, shall remove all graffiti shown on Exhibit A. CITY is solely responsible for ensuring that any graffiti that in any way resembles a mural, artwork, paintings, or other similar elements shall not be removed without the written authorization of STATE. Graffiti removal must protect air and water quality as required by law. CITY shall conform to the terms stated in STATE’s Maintenance Manual, Volume 1, Family D Chapter, D1.07.

11.CITY shall control weeds at a level acceptable to the STATE. Any weed control performed by chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations established by the California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (Form LA17) to the STATE to: District 5 Maintenance at 50 Higuera Street, San Luis Obispo, CA 93401.

12. LANDSCAPED AREAS. CITY is responsible for the maintenance of any plantings or other types of roadside improvements lying outside of the fenced area restricting walk-on access to the freeway.

13.INTERCHANGE OPERATION - It is STATE’s responsibility to provide efficient operation of freeway interchanges, including ramp connections to local streets and roads.

14.BICYCLE PATHS, LANES, AND CYCLE TRACKS
CITY is solely responsible for all improvements, including but not limited to the delineation, fencing, guard railing, drainage facilities, slope and structural adequacy. CITY will maintain, at CITY’s expense, a safe facility for bicycle travel along the entire length of the path/lane/cycle track by providing sweeping and debris removal when necessary; and all signing and striping, and pavement markings required for the direction and operation of that non-motorized facility.

15. LEGAL RELATIONS AND RESPONSIBILITIES

15.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not PARTIES to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law.

15.2. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction conferred upon STATE arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and their officers and employees from all claims, suits or actions

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4873-5766-4760 v1 4
of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement.

15.3. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY and arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.

16.PREVAILING WAGES:

16.1. Labor Code Compliance- If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public work" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771.

CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public works. Work performed by CITY’s own workforce is exempt from the Labor Code's Prevailing Wage requirements.

16.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public work" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771.

Subcontracts shall include all prevailing wage requirements set forth in CITY contracts.

17.INSURANCE- CITY and its contractors shall maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence, and $2 million in aggregate, and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.

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18. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and CITY failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE.

19. TERM OF AGREEMENT - This Agreement shall become effective on the Effective Date stated herein and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause.

PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.

IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written.

THE CITY OF WATSONVILLE STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
By: __________________________
Mayor
Initiated and Approved
By: ___________________________
City Manager
By: ___________________________
Deputy District Director
Maintenance District 5
ATTEST:

By: __________________________
City Clerk
By: __________________________
City Attorney

05 SCr 1

COUNTY OF SANTA CRUZ

WITH THE CITY OF WATSONVILLE IN

FREEWAY MAINTENANCE EXHIBIT

2.27 SHEET
Dist COUNTY ROUTE
TOTAL

TOTAL PROJECT SHEETS

POST MILES
No.

2. HARKINS SLOUGH ROAD - SR 1

1. VICINITY MAP

INDEX OF PLANS
AT PM 2.27
ON STATE ROUTE 1 ON HARKINS SLOUGH RD
1 2
ROUTE 1
ROUTE 152

HARKINS
SLOUGH
Rd
S G
R
E
E
N
V
A
L
L
E
Y
R
d
SILVER LEAF Dr
W
EST
B
RID
G
E
D
r
LEE R
d

OH LONE
Pkwy
LEAF
D
r
SILVER
GREEN
MEADOW Dr
PM 2.27
Br. No. 36-0089

HARKINS SLOUGH ROAD OC
SEE SHEET 2

LOCATION SITE
EXHIBIT "A"

EXHIBIT A

C
C
C
C
C
C
C
C

HARKINS SLOUGH RD
NB SR-1
SB SR-1

CALTRANS R/W
"BIKE LANE" LINE

HARKINS SLOUGH ROAD OC
PM R2.27
BR. NO. 36-0089
C C
C
"BIKE LANE"LINE
05 SCr 1 2.27
Dist COUNTY ROUTE

POST MILES

TOTAL PROJECT
SHEET
No.

TOTAL
SHEETS
2 2
HARKINS SLOUGH ROAD - SR 1
EXHIBIT "A"

WITH THE CITY OF WATSONVILLE

FREEWAY MAINTENANCE AGREEMENT
LEGEND

AREA MAINTAINED BY CITY

CALTRANS R/W
PED
PED

HARKINS SLOUGH RD
RO
U
T
E
1 EXHIBIT A

1 CITY COUNCIL AGENDA REPORT
MEETING DATE: Tuesday, October 14, 2025
TO: CITY COUNCIL
WRITTEN BY: ADMINISTRATIVE ANALYST AGUADO
RECOMMENDED BY: AIRPORT DIRECTOR WILLIAMS
APPROVED BY: TAMARA VIDES, CITY MANAGER
SUBJECT: RESOLUTION APPROVING LICENSE AGREEMENT WITH COUNTY OF SANTA CRUZ FOR USE OF COMMUNICATIONS TOWER LOCATED AT 370 AIRPORT BOULEVARD.

RECOMMENDATION:

Staff recommends the City Council adopt a resolution approving a one (1) year license agreement, with one one-year option to extend, for use of cellular antenna space on the Municipal Airport’s triangular selfsupport tower located at 370 Airport Boulevard, to the County of Santa Cruz; authorizing the City Manager to execute the License Agreement and any amendments thereto; and finding the action not subject to review under the California Environmental Quality Act.

BACKGROUND:

The City of Watsonville purchased the triangular self-support communications tower located at 370 Airport Boulevard from the County of Santa Cruz effective on August 23, 2022. Part of the agreement at the time of purchase was that the City would allow the County’s radio communication equipment, used for emergency communications, to remain on the tower until its planned relocation. The relocation was set to take place by December 31, 2022. Due to some setbacks with their new location, the City allowed the County’s equipment to remain on the tower until June 30, 2023, through an amendment to the Purchase and Sale Agreement. During both periods the County paid the City monthly rent of $1,500 per month.

The County still needed additional time for the relocation, so City staff recommended and the Council approved a one-year license agreement with the County for their continued use of the tower, until the relocation takes place. The license agreement was effective July 1, 2023 until June 30, 2024. The license agreement included one one-year option to extend, which the County exercised. The County would

2 continue paying the City a license fee of $1,500 per month for use of the tower until all of the equipment had been removed and the License had been terminated.

DISCUSSION:

Staff recommend extending the current license agreement by one year, with a one year option to extend.

Key terms proposed:
 1-year license agreement.
 $18,540.00 annual license fee.

Annual increase to reflect the State of California telecom lease rate guidelines. Staff also recommend the Council authorize the City Manager to execute a one year extension of the agreement on behalf of the City, if necessary to complete the project.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:

Entering into a License agreement with County of Santa Cruz does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

Additionally, any installation of the wireless equipment would be exempt from review under CEQA Guidelines section 15303 (Class 3-New Construction).

STRATEGIC PLAN:

Infrastructure & Environment- This assignment is consistent with Strategic Plan objectives of improving and maintaining our infrastructure.

FINANCIAL IMPACT:

The License agreement would provide annual revenue of $18,540 to the Airport Enterprise Fund.

ALTERNATIVE ACTION:

Alternatives include not approving the license agreement.

ATTACHMENTS AND/OR REFERENCES (IF ANY):

None.

1 Reso No. ______ (CM)
Meeting Date: 101425 SWZ ______ TV ______ Airport ______ RESOLUTION NO. ___________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE APPROVING A ONE-YEAR LICENSE AGREEMENT

WITH ONE-YEAR OPTION TERM BETWEEN THE CITY OF

WATSONVILLE AND THE COUNTY OF SANTA CRUZ, FOR USE OF
COMMUNICATIONS TOWER SPACE LOCATED AT 370 AIRPORT

BOULEVARD, WATSONVILLE, CALIFORNIA, AND AUTHORIZING AND

DIRECTING THE CITY MANAGER TO EXECUTE SAME AND ANY

AMENDMENTS THERETO OF A NON-SUBSTANTIVE NATURE
SUBJECT TO LEGAL APPROVAL; AND FINDING THE ACTION NOT

SUBJECT TO REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

1. Adopting a one-year License agreement with the County of Santa Cruz does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

2. That the one-year License agreement between the City of Watsonville and the County of Santa Cruz, for use of the communications tower located at 370 Airport Boulevard, Watsonville, California, a copy of which License Agreement is attached hereto and incorporated herein by this reference, is hereby approved.

3. That the City Manager be and is hereby authorized and directed to execute said License agreement for the original one year term, and a one year extension at the end of that term, and to any amendments of a non-substantive nature subject to legal approval, on behalf of the City of Watsonville. ******************************************

Fire Station No. 2 – Telecommunications Tower 1

CITY OF WATSONVILLE

LICENSE AGREEMENT
LICENSEE: COUNTY OF SANTA CRUZ
Information Services Department
701 Ocean Street, Room 315
Santa Cruz, CA 95060
CITY: CITY OF WATSONVILLE
Watsonville Municipal Airport
100 Aviation Way
Watsonville, CA 95076
SITE: City Fire Station No. 2
370 Airport Boulevard
Watsonville, CA 95076
TERM OF LICENSE: Initial 1 year term with option to extend (1) 1 year term.

COMMENCEMENT DATE OF LICENSE: July 1, 2025
MONTHLY FEE: $1,5450.00
CITY CONTRACT NUMBER: n/a

Fire Station No. 2 – Telecommunications Tower 1

CITY OF WATSONVILLE LICENSE AGREEMENT
Basic License Terms - Reference Pages
LICENSOR: City of Watsonville
CITY’S ADDRESS FOR NOTICES: City of Watsonville
Watsonville Municipal Airport
100 Aviation Way
Watsonville, CA 95076
CITY’S ADDRESS FOR FEE: City of Watsonville
Finance Department
250 Main Street
Watsonville, CA 95076
LICENSEE: County of Santa Cruz
LICENSEE’S ADDRESS FOR NOTICES: County of Santa Cruz
Information Services Department
701 Ocean Street, Room 315
Santa Cruz, CA 95060
LICENSEE’S TELEPHONE NO.: 831-454-2030
LICENSEE’S FACSIMILE NO.:

PREMISES: A portion of the property known as 370 Airport Boulevard, Watsonville, CA
(see Exhibit “A” for additional description)
RENTABLE AREA: Antenna space on City’s tower and equipment room for Licensee’s emergency telecommunication equipment.

USE: Wireless Communications
ANTENNA SPACE: (3) 6 foot microwave dish antenna’s, (1) GPS antenna, (7) radio antenna’s plus coax cables for all antenna’s and wave guide to microwave antennas.

EQUIPMENT SPACE: (5) 8 foot racks with (6) Tait TB-8100 repeaters, (1) Endrun GPA unit, (1) Duplexor, (1) Transmitter
Combiner (1) Receiver Multi-coupler, (1) Lamarche
power supply, (12) Backup Batteries, (2) Constellation
Microwaves, (1) Microwave power Supply, (1) Stand up
AC unit

CIRCUITS: None
SCHEDULED COMMENCEMENT DATE: July 1, 2025
TERM OF LICENSE: 1 year
TERMINATION DATE: May be terminated by either party upon thirty (30) days’ prior written notice.

FEE: Monthly Fee: $1,545.00
TERMINATION: As provided in Section 10
OPTION TO EXTEND: (1) 1-year term.

ROAD REPAIRS: Not applicable
UTILITIES: Provided by Licensee
HOLDING OVER: Rent shall be increased to 150% of the existing rent at expiration of the term.

INSURANCE Workers’ Compensation - To meet Labor Code
of the State of California including Employer’s
Liability with limits of $250,000 each
accident/disease/policy limit.

Commercial General Liability with limits of one
million dollars per occurrence for bodily injury
and property damage and one million dollars
($1,000,000) general aggregate; and
Commercial Automobile Liability in the amount
of one million dollars ($1,000,000) combined
single limit each accident for bodily injury and
property damage.

EXHIBITS: “A” Legal Description, Attached
“B” Location of Premises, Site Information
& Equipment, Attached
The Reference Pages are incorporated into and made a part of this License. In the event of any conflict between any information on the Reference Pages and this License, this License shall control. This License includes the foregoing Exhibits all of which are made a part of this License.

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LICENSE AGREEMENT
This License Agreement (this “License”) is entered into as of July 1, 2025, by and between the City of Watsonville, a California charter city and municipal corporation (“CITY”) and the County of Santa Cruz, a political subdivision of the State of California (“LICENSEE”).

RECITALS
WHEREAS, LICENSEE desires to use a portion of the existing CITY communication site (Site), designated on Exhibit A, for LICENSEE’s communications system equipment; and WHEREAS, CITY is willing to permit said use of the Site subject to certain conditions; and
WHEREAS, portions of the Site are currently excess to the CITY’s needs.

NOW, THEREFORE, in consideration of the execution of this License, the parties mutually agree to the following conditions.

1. DEFINITIONS:

A. “License” means this License Agreement and any relevant Documents (as defined in Paragraph 3.C. below), including any Exhibits and/or Attachments, all of which are made a part of this License.

B. "Premises" refers to the Antenna Space, the Equipment Space, utility connections between the Antenna Space, Equipment Space and the nearest appropriate utilities provider and, if any, access to the Antenna Space and Equipment Space from a public right-of-way.

C. “Improvements” (when applicable) refers individually or collectively to the LICENSEE’s communications system and related equipment, cabling and antenna(s) currently existing at the Site and depicted and described on Exhibit B and any additional antennas, related equipment and cabling as may be approved by the CITY. Changes to the license terms, including any exhibits will require approval by the Watsonville City Council.

2. LICENSE TO USE:

CITY hereby gives permission, terminable as hereinafter provided, to LICENSEE to enter the Site and use the Premises for the purpose of installing and maintaining, operating and repairing the Improvements. LICENSEE shall not be permitted to enter the Site or use the Premises for any other purpose, except by prior written permission of CITY.

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3. LICENSEE IMPROVEMENTS:

A. Acknowledgement of Responsibility
LICENSEE acknowledges that the Site has been identified by CITY as being essential to CITY’s fulfilling its mission of public safety and well-being, and the necessity for CITY and LICENSEE’s diligence in safeguarding and restricting access to the Site and protecting CITY property, of all kinds, at said Site.

LICENSEE warrants that it will not disturb or tamper with any CITY equipment, to include, but not limited to, electronic, electrical, LPG, buildings, towers, grounding systems, antennas, feed lines, etc., at the Site, except as otherwise permitted hereunder.

LICENSEE shall be liable for all claims, demands, actions, and causes of action to the extent caused by the negligence or otherwise wrongful conduct on the part of any agent, contractor or employee of LICENSEE related to LICENSEE’s installation/maintenance or operation of LICENSEE’s Improvements on the Site, except to the extent caused by CITY or its agents, contractors or employees.

Further, LICENSEE shall release, remise, and forever discharge CITY of and from any and all claims, demands, actions, and causes of action, except to the extent caused by the intentional acts or negligence of CITY or CITY’s agents, contractors or employees, which LICENSEE may acquire by reason of LICENSEE’s installation/maintenance or operation of LICENSEE’s Improvements on the Site.

B. Requirements, Limitations, and Installation Conditions – This License is subject to the limitations, requirements and installation conditions as set forth below:

1. Installation: LICENSEE will observe standard safety practices when climbing the CITY’s tower and when installing Improvements. LICENSEE agrees to install, maintain, and operate its Improvements in accordance with the highest standard prevailing in the communications industry. Installation practices and materials are subject to approval of the CITY, which shall not be unreasonably withheld, conditioned or delayed.
a) LICENSSEE shall not make any material alterations thereto (or to the Premises structure itself) without obtaining the prior written approval of CITY except that LICENSSEE may replace equipment with equipment of the same general type that meets or exceeds the same technical specifications of the original equipment, uses the same RF frequencies, occupies no more physical space and consumes no additional electrical power. LICENSSEE shall immediately notify CITY in writing of such modifications and the date that the modifications are completed.
b) Any Improvements and Modifications to equipment owned by LICENSEE shall be performed at LICENSSEE sole cost and expense. LICENSSEE shall

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notify CITY in writing sixty (60) days in advance of any planned modification(s) to equipment.
c) The lease and use of City vertical fiber, fiber from ground floor to top of building, is limited to one pair as part of this License. Additional city fiber can be added at additional costs.
d) This License will cover all items in Exhibit B. LICENSEE will update CITY with additions, removals, or replacement of items to the list. CITY will prorate fees based on date agreed upon by CITY and LICENSEE. e) Photo and physical review will be performed by CITY on an annual basis, if additional equipment is found and not documented or amended to contract, LICENSEE will be billed in full from the last documented annual review. f) CITY may supply power for units, power may not be conditioned. In the event of a power outage, the CITY generator may not supply power based on needs. g) LICENSEE shall remove the Equipment prior to the end of this License.

2. Access: Access to the City’s tower for installation or modification of equipment is on an escorted basis using CITY personnel at the appropriate CITY standard time and material billing rates on a portal-to-portal basis. LICENSEE must request site access three (3) working days prior to the desired access date for routine maintenance and repair activities at the Site. LICENSEE shall give CITY notice as soon as reasonably possible in the event of an emergency. After-hours and emergency access requests will be billed at the standard overtime rate then in effect.
a) LICENSEE may only access site with escort of CITY. Emergency access may be coordinated through the IT Help Desk at 831-768-3434. For routine access such as for preventative maintenance, LICENSSEE shall provide at least one week notice. Except in the case of an emergency, LICENSSEE may only access the site Monday through Friday between the hours of 9:30 am to 4:00 pm. For the purposes hereof, an emergency shall be deemed to be LICENSSEE’s inability to transmit signals from, or receive signals at, the Site or a situation that reasonably appears to present an imminent risk of bodily injury or property damage. LICENSSEE may be billed for actual time expended by CITY staff for site escorts as well as any other actual costs expended by CITY. This shall be limited to costs for staff that are otherwise billed to other CITY departments or agencies. Rates for such services will be billed to LICENSSEE at the same rate that CITY is currently billing CITY departments internally for similar services, subject to modification each July 1. LICENSSEE may request rates sixty (60) days in advance in writing by contacting CITY using the address listed on CITY website.

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3. Equipment Changes: Changes and modifications to the Improvements that may alter LICENSEE's performance are to be coordinated between LICENSEE and CITY.
a). CITY retains the right to make any improvements to the Premises as reasonably deemed necessary by CITY. Said improvements shall not be inconsistent with CITY’s use of the Premises. Nothing contained in this License shall be deemed or construed in any way to limit CITY’s authority to exercise any right or power concerning the utilization of the Premises.

LESSEE’s use of the Premises shall be subordinate to CITY’s use of the Premises.

C. Additional Controlling Documents – The Site may be subject to Leases, Licenses, and/or Right-of-Way Grants/Temporary Use Permits secured by the CITY from other governmental or private agencies (collectively, the “Documents”).

LICENSEE acknowledges its interest in the License will be subject to the Documents and is responsible for any related costs to the extent incurred directly or indirectly by CITY due to LICENSEE’s use of the Site. LICENSEE will be furnished with copies of Documents and any amendments thereto.

D. LICENSEE’s Maintenance – The costs of any maintenance and operation of the Improvements shall be at the sole expense of LICENSEE.

E. Interference – Improvements shall be located so as not to interfere, physically or electronically, with any of CITY’s operations; provided however, that CITY acknowledges that the Improvements existing as of the Commencement Date do not cause such interference.

In the event CITY determines or is notified that the operation of LICENSEE’s Improvements is causing interference to the transmission and/or reception of any other communications systems in use at the Site, CITY shall notify LICENSEE to correct the problem. If such interference is not eliminated within a twenty-four (24) hour period after notice, CITY may take whatever immediate steps are reasonably necessary to eliminate said interference, including powering off LICENSEE’s equipment, removing LICENSEE’s equipment from service, and/or terminating this License, all without further prior notice.

4. COMPLIANCE WITH LAWS. Licensee agrees at all times to comply fully and in a timely manner with, and to cause all of its employees, agents, and contractors to so comply with, all applicable federal, state and local laws, statutes, ordinances, administrative orders, rules or regulations relating to its duties, obligations, rights and performance under the terms of this License. This shall include but not be limited to

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complying with any and all conditions of approval duly adopted by the CITY in accordance with its Governmental Capacity (as defined below).

5. TERM: This License shall commence on July 1, 2025 (“Commencement Date”), and continue until June 30, 2026. Licensee is granted the option to extend the term of the license (“renewal option”) for one (1) one (1) year period following the expiration of the Initial Term. The renewal option may be exercised by giving notice of the exercise of the renewal option to CITY at least three (3) months before the expiration of the initial term.

6. FEE: LICENSEE shall pay to CITY the following monthly fee payments in advance on the first day of each month, commencing on the Commencement Date, continuing during the term:

Monthly Fee Amount: $1,545.00
A. In addition to the Lease Fees specified herein, LICENSSEE may be billed for actual time expended by CITY staff for resolution of issues related to the performance of this License as well as any other actual costs expended by LICENSSEE. This shall be limited to costs for staff that are otherwise billed to other CITY departments or agencies. Rates for such services will be billed to LICENSSEE at the same rate that the CITY is currently billing CITY departments internally for similar services, subject to modification each July 1.

B. Pricing will follow State of California telecom lease rate guidelines.

C. FEE INCREASES: All Fees may be increased on each annual anniversary of the Commencement Date by an amount equal to three percent (3%) of the monthly License Fee paid for the previous year or by the actual change in costs based on actual costs increases to the City.

D. In no event shall License fees be less than pro-rata share of total annual site costs for the CITY. Therefore, in addition to this annual increase, the License fee may increase resulting from increases in actual costs to CITY. In the event of a fee increase which exceeds 3% in one year, CITY shall notify LICENSEE in writing of any proposed additional License Fee increase not less than one hundred and twenty (120) calendar days before any increased License Fee shall take effect.

E. Photo and physical review will be performed by CITY on an annual basis, if additional equipment is found and not documented or amended to contract, LICENSEE will be billed in full from the last documented annual review.

7. RESERVED.

8. HOLDING OVER: In the event LICENSEE shall hold over and continue to occupy the Premises with the consent of CITY, expressed or implied, the License shall be deemed to

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be based on month-to-month upon the same terms and conditions, except the License Fee which shall be one hundred fifty percent (150%) of the License Fee which existed and prevailed at the time of the expiration of the term of this License. For example, if the fee One Thousand Five Hundred-Forty-five and 00/100 Dollars ($1,545.00) at the expiration of the term, the License Fee for holding over will be Two Thousand Three Hundred Seventeen and 50/100 Dollars ($2,317.50).

9. TAXES: LICENSEE shall also pay all license or permit fees necessary or required by law for the conduct of its operation.

10. TERMINATION:

A. Right to Terminate for Convenience. CITYmayterminate this License for its convenience on at least thirty (30) days’ prior written notice from CITY to LICENSEE. Any such termination date shall coincide with the end of a calendar month. Neither party shall incur any liability to the other by reason of such termination.

B. LICENSEE’s Right to Terminate. This License may be terminated by LICENSEE at any time after thirty (30) days’ prior written notice to CITY. Any such termination date shall coincide with the end of a calendar month.

11. RATES AND PAYMENT TERMS:

Payment rates and conditions are set forth above in Section 6, FEES. Payment shall be due upon receipt of invoice and payable within thirty (30) days of invoice date.

Payment address is: City of Watsonville
Finance Department
250 Main Street
Watsonville, CA 95076

12. AGREEMENT AUTHORIZATION:

LICENSEE warrants and represents that the individual signing this License is a properly authorized representative of LICENSEE and has the full power and authority to enter into this License on LICENSEE’s behalf.

13. ASSIGNMENT:

This License, or any interest therein, including any claims for monies due with respect thereto, shall not be assigned by LICENSEE except with the consent of CITY, which consent shall not be unreasonably withheld, and any such assignment shall be void without such consent.

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14. DEFAULT AND TERMINATION:

A. CITY’s Remedies for Licensee Default. The failure of any of the following requirements shall be deemed a breach of a material term of this License and this License shall be subject to immediate termination under the following circumstances:

1. LICENSEE fails and neglects to comply with any monetary obligation herein, after ten (10) days’ written notice and demand; or

2. LICENSEE fails or neglects to comply with any reasonable requirement of CITY after thirty (30) days’ written notice and demand; or

3. LICENSEE fails or neglects to comply with any agreement or Permit to which CITY is subject after notice and LICENSEE's failure to cure such failure or neglect after notice and within the cure periods specified in this Section 14., or as provided in any such agreement or Permit.

In the event of such termination, CITY may immediately disconnect any CITY circuits involved in this License, either electronically or physically. LICENSEE shall, if appropriate, immediately remove any and all of LICENSEE’s Improvements from the Site and surrender all rights and privileges under this License. If LICENSEE fails to restore the Premises to its former condition, reasonable wear and tear excepted, within thirty (30) days after such termination, the CITY may restore the Premises at LICENSEE’s sole expense.

B. LICENSEE’s Remedies for CITY’s Default. In the event of CITY’s default of any material obligation herein, where LICENSEE has performed all material provisions of this License, LICENSEE may demand in writing that the default be cured within thirty (30) calendar days after the receipt of such notice by CITY. The failure to cure such default within the stated period shall constitute a breach of this License, and LICENSEE may elect to terminate this License immediately by providing CITY written notice of termination.

15. INDEMNIFICATION AND INSURANCE:

A. Indemnification
Notwithstanding any other provision herein to the contrary and subject to Section 15.B below, LICENSEE agrees to indemnify, defend and hold harmless CITY and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability to the extent arising from LICENSEE’s negligence or willful misconduct and for any costs or expenses reasonably incurred by CITY on account of any claim in connection with this License therefore, except where such indemnification is prohibited by law, and except to the extent caused by the

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negligence or willful misconduct of CITY or CITY's agents, employees, or contractors.

CITY agrees to indemnify, defend, and hold harmless LICENSEE, and its officers, employees, agents and volunteers from any and all damages for injury to persons and damage to property arising out of the sole negligence of the CITY, its officers, employees, agents or volunteers in connection with this License.

In the event CITY and/or LICENSEE is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the License, the CITY and/or LICENSEE shall indemnify the other to the extent of its comparative fault.

Furthermore, if CITY or LICENSEE attempts to seek recovery from the other for Workers’ compensation benefits paid to an employee, CITY and LICENSEE agree that any alleged negligence of the employee shall not be construed against the employer of that employee.

B. Insurance
Without in any way affecting the indemnity herein provided and in addition thereto, the LICENSEE shall secure and maintain throughout the License term the following types of insurance with limits as shown:

1. Workers’ Compensation - To meet Labor Code of the State of California including Employer’s Liability with limits of $250,000 each accident/disease/policy limit.

2. Commercial General Liability with limits of one million dollars per occurrence for bodily injury and property damage and one million dollars ($1,000,000) general aggregate; and

3. Commercial Automobile Liability in the amount of one million dollars ($1,000,000) combined single limit each accident for bodily injury and property damage.

4. Real Property Insurance - Covering all of the Improvements and LICENSEE's personal property against loss or damage by fire, lightning, extended coverage, vandalism, malicious mischief and earthquake in an amount equal to their replacement value.

5. Additional Insured – LICENSEE agrees that it will include CITY as an additional insured on its liability policies.

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6. Waiver of Subrogation Rights – LICENSEE hereby waives all subrogation and/or recovery rights against CITY, its employees, agents, volunteers, contractors, and sub-contractors.

7. Policies Primary and Non-Contributory – All policies required above are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by CITY, as relates to LICENSEE's negligence.

CITY is a public entity and is self-insured. LICENSEE and CITY acknowledge that CITY is legally self-insured for Workers’ Compensation up to statutory limits.

LICENSEE and CITY accept such self-insurance as satisfying the Workers’ Compensation requirements under this License.

16. HAZARDOUS MATERIALS:

A. "Hazardous Materials" shall mean any substance deemed to be hazardous, toxic or dangerous in any Hazardous Waste Law, and shall include petroleum. "ACMs" shall mean asbestos containing materials. "Hazardous Water Laws" shall mean all applicable federal, state, or local laws or regulations governing Hazardous Materials and/or ACMs.

B. Neither LICENSEE or CITY has, nor will, generate, store or dispose of any Hazardous Materials or ACMs on or about the Premises in violation of any Hazardous Waste Laws. To the best of CITY's knowledge, CITY does not know of the existence of any hazardous Materials or ACMs on the Premises in violation of any Hazardous Waste Laws and CITY has not received any written notice of any violation of Hazardous Waste Laws, or any written directive to perform any work in accordance therewith.

CITY shall be responsible for remediation of any release of any Hazardous Materials in accordance with all applicable laws, which release does not result from LICENSEE's activities. LICENSEE shall be responsible to the extent any release results from LICENSEE's (including LICENSEE’s agents, employees, or contractors) activities.

Notwithstanding the foregoing, CITY shall be responsible for abating any ACMs that will be disturbed by LICENSEE's permitted use.

17. CASUALTY:

In the event of damage by fire or other casualty to CITY’s tower or the Premises which LICENSEE did not cause, contribute to or exacerbate and which is not repaired within forty-five (45) calendar days following same or, if the Site is damaged by fire or other casualty so that such damage disrupts LICENSEE’s operations at the Premises for more than forty-five (45) calendar days, then LICENSEE may, at any time following that period, terminate this License upon fifteen (15) days prior written notice to CITY. Any such notice of termination shall cause this License to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this License and the parties shall make an appropriate adjustment, as of such termination date,

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with respect to payments due to the other under this License. Notwithstanding the foregoing, the rent shall abate during the period of repair following such fire or other casualty in proportion to the degree to which LICENSEE’s use of the Premises is impaired.

18. CONDEMNATION:

In the event of condemnation of all or any portion of the Site, this License shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever occurs first. If as a result of a partial condemnation of the Premises or CITY’s tower, LICENSEE, in LICENSEE’s sole discretion, is unable to use the Premises for the purposes intended hereunder, or if such condemnation disrupts LICENSEE’s operations at the Premises for more than forty-five (45) calendar days, LICENSEE may, at LICENSEE’s option, which must be exercised in writing within fifteen (15) calendar days after CITY shall have given LICENSEE written notice of taking (or in the absence of such notice, within fifteen (15) calendar days after the condemning authority shall have taken possession) terminate this License as of the date the condemning authority takes such possession. LICENSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for its losses related to the equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss of any possessory interest). The parties shall make an appropriate adjustment to payments due to the other under this License for the time of the LICENSEE is unable to use the Premises. If LICENSEE does not terminate this License in accordance with the foregoing, this License shall remain in full force and effect as to the portion of the Premises remaining, except that the rent shall be reduced in the same proportion as the rentable area of the Premises taken bears to the total rentable area of the Premises.

19. FORCE MAJEURE:

CITY shall not be held liable for any delay or failure in performance of any part of this License from any cause beyond its control and without its fault or negligence, such as acts of God, acts of civil or military authority, government regulations, strikes, labor disputes, embargoes, epidemics, war, terrorist acts, riots, insurrections, fire, explosions, earthquakes, nuclear accidents, floods, power blackouts, brownouts, or surges, volcanic action, other major environmental disturbances, unusually severe weather conditions, inability to secure product or services of other persons or transportation facilities, or acts or omissions of transportation common carriers.

20. FAA SPECIAL PROVISIONS FOR PREMISES LOCATED AT CITY AIRPORT:

A. LICENSEE, for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that in event facilities are constructed, maintained, or otherwise

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operated on the property described in this License for a purpose for which a DOT program or activity is extended of for another purpose involving the provision of similar services or benefits, LICENSEE shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, DOT, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.

B. LICENSEE for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby further covenant and agree as a covenant running with the land that: (a) no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of facilities; (b) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; (c) that LICENSEE shall use the with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 2 1, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as such Regulations may be amended.

C. In the event of breach of any of the nondiscrimination covenants, CITY shall have the right to terminate this License and to reenter and repossess the Premises and the facilities thereon, and hold the same as if this License had never been made or issued.

The provision does not become effective until the procedures of 49 CFR Part 21 are followed and completed including expiration of appeal rights.

D. LICENSEE shall furnish its accommodations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and it shall charge fair, reasonable and not unjustly discriminatory prices for each unit or service; PROVIDED, THAT LICENSEE may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar type of price reductions to volume purchasers.

E. Non-compliance with paragraph D, above shall constitute a material breach thereof and in the event of such non-compliance CITY shall have the right to terminate this License without liability therefore or at the election of CITY or the United States either or both Governments shall have the right to judicially enforce paragraph D, above.

F. LICENSEE shall insert the provisions of this section in any agreement or contract by which LICENSEE grants a right of privilege to any person, firm or corporation to render accommodations and/or services to the public on the Premises herein licensed.

G. LICENSEE assures that it will undertake an affirmative action program as required by

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14 CFR Part 152, Subpart E, to insure that no personal shall be on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR, Subpart E. LICENSEE assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by such subpart. LICENSEE assures that it will require that it’s covered by such subpart. LICENSEE assures that it will require that its covered sub organizations provide assurances to LICENSEE that they similarly will undertake affirmative action programs and that they will require assurances from their suborganizations, as provided by 14 CFR Part 152, subpart 2, to the same effect.

H. CITY reserves the right to further develop or improve the landing area of the Airport as it sees fit, regardless of the desires or views of LICENSEE and without interference of hindrance. Such reservation included without limitation the right to develop and operate other airports, to relocate existing operations at other airports and to offer services and facilities at the other airports that may compete with the operations of LICENSEE.

I. CITY reserves the right, but shall not be obligated to LICENSEE, to maintain and keep in repair the landing area of the Airport and all publicly-owned facilities at the Airport, together with the right to direct and control all activities of LICENSEE in this regard.

J. This License shall be subordinate to the provisions and requirements of any existing or future agreement between CITY and the United States or other governmental authority, relative to the development, operation or maintenance of the Airport, the execution of which has been or will be required as a condition precedent to the granting of Federal or other governmental funds for the development of the Airport, to the extent of the provisions of any existing or future funds. CITY agrees to provide LICENSEE written advance notice of any provisions that would adversely modify the material terms of this License.

K. LICENSEE agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event future construction of a building is planned for the Premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the Premises.

L. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308a of the Federal Aviation Act of 1958 (49 U.S.C. 1349a).

M. There is hereby reserved to CITY, its successor and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises. This public right of flight shall include the right to cause in the airspace any noise inherent in the operation of any aircraft used for navigation or flight through the airspace or landing at, taking off from or operation on the Airport.

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N. LICENSEE, by accepting this License expressly agrees for itself, its successors and assigns, that it will not erect nor permit the erection of any structure or object nor permit the growth of any tree on the land licensed hereunder above the mean sea level elevation of more than 100 feet. In the event the aforesaid covenants are breached, CITY reserves the right to enter upon the Premises and to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of LICENSEE.

O. LICENSEE, by accepting this License expressly agrees for itself, its successors and assigns, that it will not make use of the Premises in any manner which might interfere with the landing and taking off of aircraft from the Airport or otherwise constitute a hazard. In the event the aforesaid covenant is breached, CITY reserves the right to enter upon the Premises and cause the abatement of such interference at the expense of LICENSEE.

P. This License and all the provisions hereof shall be subject to whatever right the United States government now has or in the future may have or acquire, affecting the control, operation, regulation and taking over of the Airport or the exclusive or non-exclusive use of the Airport by the United States during the time or war or national emergency.

21. OTHER OPERATIONS:

It is understood and agreed that the use authorized at the PREMISES by this License is not given to LICENSEE exclusively but may be given to any other LICENSEE at the PREMISES at the sole discretion of CITY.

22. GENERAL TERMS AND CONDITIONS:

A. Permits - LICENSEE is required to and responsible for obtaining and paying any costs of all permits, licenses or approvals by any regulatory bodies having jurisdiction over the uses authorized herein, as appropriate.

B. Waiver - No waiver of a breach of any provision of this License by either party shall constitute a waiver of any other breach, or of such provision. Failure of CITY to enforce at any time, or from time to time, any provision of this License shall not be construed as a waiver thereof. The remedies herein reserved shall be cumulative and additional to any other remedies in law or equity.

C. Validity - The invalidity in whole or in part of any provision of this License shall not void or affect the validity of any other provision.

D. Captions and Paragraph Headings - Captions and paragraph headings used herein are for convenience only and are not a part of this License and shall not be used in construing it.

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E. Exhibits - All Exhibits attached hereto, if any, are an integral part of this License and are incorporated herein by reference.

F. Entire Agreement - This License shall be governed by the laws of the State of California and constitutes the entire agreement between the parties and supersedes all prior negotiations, discussions, and preliminary understanding. This License may be amended as CITY and LICENSEE mutually agree in writing. Any such amendment must be signed/approved by authorized representatives of the CITY and LICENSEE.

G. Notifications - All notices or demands required, or permitted to be given or made hereunder, shall be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender. Notice shall be effective upon two (2) days after date of mailing.

Each such notice is to be sent to the respective party at the address indicated below or to any other address or person that the respective party may designate by written notice delivered pursuant hereto:

To CITY: City of Watsonville
Watsonville Municipal Airport
100 Aviation Way
Watsonville, CA 95076
To LICENSEE: County of Santa Cruz
Information Services Department
701 Ocean Street, Room 315
Santa Cruz, CA 95060
H. Authority. CITY warrants and represents to LICENSEE that (a) CITY has full authority to enter into this License and to grant the licenses provided herein and to CITY’s knowledge, there are no undisclosed liens, judgments or impeachments of title on the Site that prevent the use of the Premises by LICENSEE as set forth herein. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[Signatures appear on following page]

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IN WITNESS THEREOF, the parties executed this License.

LICENSEE:

COUNTY OF SANTA CRUZ
By: __________________________________
Tammie Weigl, Director
APPROVED AS TO INSURANCE:

By: _________________________________
Risk Management
APPROVED AS TO FORM:

By: _________________________________
Office of the County Counsel
CITY:

CITY OF WATSONVILLE, a California charter city
and municipal corporation
By: _____________________________________
Tamara Vides, City Manager
ATTEST:

By: _________________________________
Irwin I. Ortiz, City Clerk
APPROVED AS TO FORM:

By: _________________________________
Samantha Zutler, City Attorney

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EXHIBIT “A”
Legal Description
A portion of the existing CITY communication site; described as Parcel Number 015-221-02-000.

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EXHIBIT “B”
Location of Premises, Site Information and Equipment

TOWER DESCRIPTION
100’ Tri-Ex 3-legged self-support tower located at 370 Airport Boulevard, Watsonville, California as shown on the tax map of the County of Santa Cruz as Assessor’s Parcel Number 015-221-02-000.

The County Equipment consists of the following:

Watsonville FS#2 inventory:
(6) Tait TB-8100 repeaters
(1) Endrun GPS unit
(1) Duplexor
(1) transmitter combiner
(1) Receive multicoupler
(1) Lamarche power supply
(12) Backup batteries
(2) Constellation microwaves
(1) Microwave power supply
(1) Stand up ac unit
(5) 8 foot racks
Watsonville Tower inventory:
(3) 6 foot microwave dishes
(1) GPS antenna
(7) Radio antennas
Coax runs to all antennas
Guide to all microwave antennas

1 CITY COUNCIL AGENDA REPORT
MEETING DATE: Tuesday, October 14, 2025
TO: CITY COUNCIL
WRITTEN BY: ADMINISTRATIVE ANALYST AGUADO
RECOMMENDED BY: AIRPORT DIRECTOR WILLIAMS
APPROVED BY: TAMARA VIDES, CITY MANAGER
SUBJECT: RESOLUTION APPROVING LICENSE AGREEMENT WITH CRUZIO FOR USE OF COMMUNICATIONS TOWER LOCATED AT 370 AIRPORT BOULEVARD RECOMMENDATION:

Staff recommends the City Council adopt a resolution approving a four (4) year license agreement, of wireless antenna space located at 370 Airport Blvd, to The Internet Store, Inc. dba Cruzio, Cruzio Internet, Cruzioworks, Cruzio Media and Santa Cruz Fiber; authorizing the City Manager to execute the License Agreement and any Amendments thereto; and finding the action not subject to review under the California Environmental Quality Act.

BACKGROUND:

The City of Watsonville has been in a long agreement with The Internet Store, Inc., a California corporation, dba Cruzio, Cruzio Internet, Cruzioworks, Cruzio Media and Santa Cruz Fiber, since 2011.

The City held a trade agreement with Cruzio entered upon on 12/6/2016 in which Cruzio provided the City with a 1 gbps internet service at its Civic Plaza in return for use of antenna space at the Civic Plaza Penthouse roof space and rack space at its data center. It also allowed Cruzio the option to set up equipment in the City’s communications tower located at Fire Station 2. The City and Cruzio also held a 10 year “Site Contract” that also duplicates Cruzio’s use of the Penthouse rooftop and Fire Station 2 tower and data center set to expire on 12/31/2026.

DISCUSSION:

The City of Watsonville entered into a License Agreement with Cruzio on January 1, 2024 which voided the trade and site agreement as they have overlapping terms and do not clearly establish each party’s

2 rights and responsibilities. The license agreement that commenced on January 1, 2024 terminated and replaced both agreements. Establishing a market rate for the use of the City’s space that follows the State of California telecom lease rate guidelines.

This would also allow the Airport the opportunity to enter into its own agreement with Cruzio for use of the Fire Station 2 tower.

Key terms proposed:
 4-year license agreement.
 $11,098.00 annual license fee.
 Annual increase to reflect the State of California telecom lease rate guidelines  This new license agreement will terminate both existing Trade and Site agreements.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:

Approval of the License agreement with The Internet Store, Inc., a California corporation, dba Cruzio, Cruzio Internet, Cruzioworks, Cruzio Media and Santa Cruz Fiber does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

Additionally, any installation of the wireless equipment would be exempt from review under CEQA Guidelines section 15303 (Class 3-New Construction).

STRATEGIC PLAN:

Infrastructure & Environment- This assignment is consistent with Strategic Plan objectives of improving and maintaining our infrastructure.

FINANCIAL IMPACT:

The License agreement would provide annual revenue of $11,098.00 to the Airport Enterprise Fund.

ALTERNATIVE ACTION:

Alternatives include not approving the license agreement.

ATTACHMENTS AND/OR REFERENCES (IF ANY):

None.

1 Reso No. ______ (CM)
Meeting Date: 101425 SWZ ______ TV ______ Airport ______ RESOLUTION NO. ___________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE APPROVING A FOUR-YEAR LICENSE AGREEMENT

BETWEEN THE CITY OF WATSONVILLE AND THE INTERNET STORE, INC., A CALIFORNIA CORPORATION, DBA CRUZIO, CRUZIO

INTERNET, CRUZIOWORKS, CRUZIO MEDIA AND SANTA CRUZ FIBER, FOR USE OF COMMUNICATIONS TOWER SPACE AT 370 AIRPORT

BOULEVARD, WATSONVILLE, CALIFORNIA, AND AUTHORIZING AND

DIRECTING THE CITY MANAGER TO EXECUTE SAME AND ANY

AMENDMENTS THERETO OF A NON-SUBSTANTIVE NATURE
SUBJECT TO LEGAL APPROVAL; AND FINDING THE ACTION NOT

SUBJECT TO REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
WHEREAS, the City of Watsonville has maintained a long-standing relationship with The Internet Store, Inc., a California corporation doing business as Cruzio, Cruzio Internet, Cruzioworks, Cruzio Media, and Santa Cruz Fiber since 2011; and WHEREAS, Cruzio desires to use a portion of the existing City communication tower space located at 370 Airport Boulevard for their communications system equipment.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

1. Adopting a Resolution approving a four-year License agreement with The Internet Store, Inc., a California corporation, dba Cruzio, Cruzio Internet, Cruzioworks, Cruzio Media and Santa Cruz Fiber does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

2. That the four-year License agreement between the City of Watsonville and The Internet Store, Inc., a California corporation, dba Cruzio, Cruzio Internet,

2 Reso No. ______ (CM)
Meeting Date: 101425
Cruzioworks, Cruzio Media and Santa Cruz Fiber, for use of the communications tower located at 370 Airport Boulevard, Watsonville, California, a copy of which License Agreement is attached hereto and incorporated herein by this reference, is hereby approved.

3. That the City Manager is hereby authorized and directed to execute said License agreement for the original term, and any amendments thereto of a nonsubstantive nature subject to legal approval on behalf of the City of Watsonville. *****************************************

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Fire Station No. 2 – Telecommunications Tower 1

CITY OF WATSONVILLE

LICENSE AGREEMENT
LICENSEE: The Internet Store, Inc DBA Cruzio,
Cruzio Internet, Cruzioworks and
Gatespeed
877 Cedar Street Suite 150
Santa Cruz, CA 95060
CITY: CITY OF WATSONVILLE
Watsonville Municipal Airport
100 Aviation Way
Watsonville, CA 95076
SITE: City Fire Station No. 2
370 Airport Boulevard,
Watsonville, CA 95706
TERM OF LICENSE: 4-year term
COMMENCEMENT DATE OF LICENSE: October 1, 2025
MONTHLY RENT: $924.83
CITY CONTRACT NUMBER: n/a
Docusign Envelope ID: 8DE22743-D77E-4444-872E-E079DD9BEA1B

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Fire Station No. 2 – Telecommunications Tower 1

CITY OF WATSONVILLE LICENSE AGREEMENT
Basic License Terms - Reference Pages
LICENSOR: City of Watsonville
CITY’S ADDRESS FOR NOTICES: City of Watsonville
Watsonville Municipal Airport
100 Aviation Way
Watsonville, CA 95076
CITY’S ADDRESS FOR RENT: City of Watsonville
Finance Department
250 Main Street
Watsonville, CA 95076
LICENSEE: The Internet Store, Inc DBA Cruzio, Cruzio Internet, Cruzioworks and Gatespeed
LICENSEE’S ADDRESS FOR NOTICES: 877 Cedar Street Suite 150 Santa Cruz, CA 95060
LICENSEE’S TELEPHONE NO.: 831-459-6301
LICENSEE’S FACSIMILE NO.:

PREMISES: Tower located at 370 Airport Boulevard,
Watsonville, CA 95076
RENTABLE AREA: Antenna space at 370 Airport Boulevard tower for Licensee’s telecommunication equipment.

USE: Wireless Communications
ANTENNA SPACE: 11 (1ft diameter) radio antennas at 370 Airport Boulevard
EQUIPMENT SPACE: Box 1: 2'w x 2'd x 2'h = 8 cubic feet
Box 2: 2'w x 2'd x 2'h = 8 cubic feet
Box 3: 1'w x 1.5'd x .6'h = 1 cubic foot
Docusign Envelope ID: 8DE22743-D77E-4444-872E-E079DD9BEA1B

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CIRCUITS:

SCHEDULED COMMENCEMENT DATE: October 1, 2025
TERM OF LICENSE: 4-year term
TERMINATION DATE: May be terminated by either party upon thirty (30) days’ prior written notice
FEE: (a) Monthly fee of $924.83 which includes the
current Eleven (11) radio antennas and Rack
Space at 370 Airport Boulevard. Calculated using
the State of California Department of General
Services Telecom Lease Rate Guideline as
follows: Rack Space = $6,610/year and $4,488 for
the 11 antenna’s at their noted rate for a total of
$11,098/year or $924.83/month.
(b) Annual Increase: Three percent (3%) over
existing rent
TERMINATION: As provided in Section 10
OPTION TO EXTEND: Not applicable
ROAD REPAIRS: Not applicable
UTILITIES: Provided by Licensee
HOLDING OVER: Rent shall be increased to 150% of the existing rent at expiration of the term.

INSURANCE Workers’ Compensation - To meet Labor Code
of the State of California including Employer’s
Liability with limits of $250,000 each
accident/disease/policy limit.

Commercial General Liability with limits of one
million dollars per occurrence for bodily injury
and property damage and one million dollars
($1,000,000) general aggregate; and
Commercial Automobile Liability in the amount
of one million dollars ($1,000,000) combined
single limit each accident for bodily injury and
property damage.

EXHIBITS: “A” Legal Description, Attached
“B” Location of Premises, Site Information
& Equipment, Attached
Docusign Envelope ID: 8DE22743-D77E-4444-872E-E079DD9BEA1B

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The Reference Pages are incorporated into and made a part of this License. In the event of any conflict between any information on the Reference Pages and this License, this License shall control. This License includes the foregoing Exhibits all of which are made a part of this License.

Docusign Envelope ID: 8DE22743-D77E-4444-872E-E079DD9BEA1B

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LICENSE AGREEMENT
This License Agreement (this “License”) is entered into as of Ocotber 1, 2025, by and between the City of Watsonville, a California charter city and municipal corporation (“CITY”) and the The Internet Store, Inc DBA Cruzio, Cruzio Internet, Cruzioworks and Gatespeed, a Corporation (“LICENSEE”).

RECITALS
WHEREAS, LICENSEE desires to use a portion of the existing CITY communication site (Site), designated on Exhibit A, for LICENSEE’s communications system equipment; and WHEREAS, CITY is willing to permit said use of the Site subject to certain conditions; and
WHEREAS, portions of the Site are currently excess to the CITY’s needs.

NOW, THEREFORE, in consideration of the execution of this License, the parties mutually agree to the following conditions.

1. DEFINITIONS:

A. “License” means this License Agreement and any relevant Documents (as defined in Paragraph 3.C. below), including any Exhibits and/or Attachments, all of which are made a part of this License.

B. "Premises" refers to the Antenna Space, the Equipment Space, utility connections between the Antenna Space, Equipment Space and the nearest appropriate utilities provider and, if any, access to the Antenna Space and Equipment Space from a public right-of-way.

C. “Improvements” (when applicable) refers individually or collectively to the LICENSEE’s communications system and related equipment, cabling and antenna(s) currently existing at the Site and depicted and described on Exhibit B and any additional antennas, related equipment and cabling as may be approved by the CITY. Changes to the license terms, including any exhibits will require approval by the Watsonville City Council.

2. LICENSE TO USE:

CITY hereby gives permission, terminable as hereinafter provided, to LICENSEE to enter the Site and use the Premises for the purpose of installing and maintaining, operating and repairing the Improvements. LICENSEE shall not be permitted to enter the Docusign Envelope ID: 8DE22743-D77E-4444-872E-E079DD9BEA1B

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Site or use the Premises for any other purpose, except by prior written permission of CITY.

3. LICENSEE IMPROVEMENTS:

A. Acknowledgement of Responsibility
LICENSEE acknowledges that the Site has been identified by CITY as being essential to CITY’s fulfilling its mission of public safety and well-being, and the necessity for CITY and LICENSEE’s diligence in safeguarding and restricting access to the Site and protecting CITY property, of all kinds, at said Site.

LICENSEE warrants that it will not disturb or tamper with any CITY equipment, to include, but not limited to, electronic, electrical, LPG, buildings, towers, grounding systems, antennas, feed lines, etc., at the Site, except as otherwise permitted hereunder.

LICENSEE shall be liable for all claims, demands, actions, and causes of action to the extent caused by the negligence or otherwise wrongful conduct on the part of any agent, contractor or employee of LICENSEE related to LICENSEE’s installation/maintenance or operation of LICENSEE’s Improvements on the Site, except to the extent caused by CITY or its agents, contractors or employees.

Further, LICENSEE shall release, remise, and forever discharge CITY of and from any and all claims, demands, actions, and causes of action, except to the extent caused by the intentional acts or negligence of CITY or CITY’s agents, contractors or employees, which LICENSEE may acquire by reason of LICENSEE’s installation/maintenance or operation of LICENSEE’s Improvements on the Site.

B. Requirements, Limitations, and Installation Conditions – This License is subject to the limitations, requirements and installation conditions as set forth below:

1. Installation: LICENSEE will observe standard safety practices when installing Improvements. LICENSEE agrees to install, maintain, and operate its Improvements in accordance with the highest standard prevailing in the communications industry. Installation practices and materials are subject to approval of the CITY, which shall not be unreasonably withheld, conditioned or delayed.
a) LICENSSEE shall not make any material alterations thereto (or to the Premises structure itself) without obtaining the prior written approval of CITY except that LICENSSEE may replace equipment with equipment of the same general type that meets or exceeds the same technical specifications of the original equipment, uses the same RF frequencies, occupies no more physical space and consumes no additional electrical power. LICENSSEE shall Docusign Envelope ID: 8DE22743-D77E-4444-872E-E079DD9BEA1B

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immediately notify CITY in writing of such modifications and the date that the modifications are completed.
b) Any Improvements and Modifications to equipment owned by LICENSEE shall be performed at LICENSSEE sole cost and expense. LICENSSEE shall notify CITY in writing sixty (60) days in advance of any planned modification(s) to equipment.
c) The lease and use of City vertical fiber, fiber from ground floor to top of building, is limited to one pair as part of this License. Additional city fiber can be added at additional costs.
d) This License will cover all items in Exhibit B. Lessee will update city with additions, removals, or replacement of items to the list. City will prorate fees based on date agreed upon by city and lessee.
e) Photo and physical review will be performed by CITY on an annual basis, if additional equipment is found and not documented or amended to contract, LICENSEE will be billed in full from the last documented annual review. f) CITY may supply power for units, power may not be conditioned. In the event of a power outage, the CITY generator may not supply power based on needs. g) LICENSEE shall remove the Equipment prior to the end of this License.

2. Access: Access to the City’s tower for installation or modification of equipment is on an escorted basis using CITY personnel at the appropriate CITY standard time and material billing rates on a portal-to-portal basis. LICENSEE must request site access three (3) working days prior to the desired access date for routine maintenance and repair activities at the Site. LICENSEE shall give CITY notice as soon as reasonably possible in the event of an emergency. After-hours and emergency access requests will be billed at the standard overtime rate then in effect.
a) LICENSEE may only access site with escort of CITY. Emergency access may be coordinated through the IT Help Desk at 831-768-3434 or [email protected]. For routine access such as for preventative maintenance, LICENSSEE shall provide at least one week notice. Except in the case of an emergency, LICENSSEE may only access the site Monday through Friday between the hours of 9:30 am to 4:00 pm. For the purposes hereof, an emergency shall be deemed to be LICENSSEE’s inability to transmit signals from, or receive signals at, the Site or a situation that reasonably appears to present an imminent risk of bodily injury or property damage. LICENSSEE may be billed for actual time expended by CITY staff for site escorts as well as any other actual costs expended by CITY. This shall be limited to costs for staff that are otherwise billed to other CITY departments or agencies. Rates for such services will be billed to LICENSSEE at the same rate that the CITY is currently billing CITY departments internally for similar services, subject to modification Docusign Envelope ID: 8DE22743-D77E-4444-872E-E079DD9BEA1B

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each July 1. LICENSSEE may request rates sixty (60) days in advance in writing by contacting the CITY using the address listed on CITY website.

3. Equipment Changes: Changes and modifications to the Improvements that may alter LICENSEE's performance are to be coordinated between LICENSEE and the CITY.
a) CITY retains the right to make any improvements to the Premises as reasonably deemed necessary by the CITY. Said improvements shall not be inconsistent with the CITY’s use of the Premises. Nothing contained in this License shall be deemed or construed in any way to limit CITY’s authority to exercise any right or power concerning the utilization of the Premises.

LESSEE’s use of the Premises shall be subordinate to the CITY’s use of the Premises.

C. Additional Controlling Documents – The Site may be subject to Leases, Licenses, and/or Right-of-Way Grants/Temporary Use Permits secured by the CITY from other governmental or private agencies (collectively, the “Documents”).

LICENSEE acknowledges its interest in the License will be subject to the Documents and is responsible for any related costs to the extent incurred directly or indirectly by CITY due to LICENSEE’s use of the Site. LICENSEE will be furnished with copies of Documents and any amendments thereto.

D. LICENSEE’s Maintenance – The costs of any maintenance and operation of the Improvements shall be at the sole expense of LICENSEE.

E. Interference – Improvements shall be located so as not to interfere, physically or electronically, with any of the CITY’s operations; provided however, that CITY acknowledges that the Improvements existing as of the Commencement Date do not cause such interference.

In the event the CITY determines or is notified that the operation of the LICENSEE’s Improvements is causing interference to the transmission and/or reception of any other communications systems in use at the Site, CITY shall notify LICENSEE to correct the problem. If such interference is not eliminated within a twenty-four (24) hour period after notice, CITY may take whatever immediate steps are reasonably necessary to eliminate said interference, including powering off LICENSEE’s equipment, removing LICENSEE’s equipment from service, and/or terminating this License, all without further prior notice.

Docusign Envelope ID: 8DE22743-D77E-4444-872E-E079DD9BEA1B

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4. COMPLIANCE WITH LAWS. Licensee agrees at all times to comply fully and in a timely manner with, and to cause all of its employees, agents, and contractors to so comply with, all applicable federal, state and local laws, statutes, ordinances, administrative orders, rules or regulations relating to its duties, obligations, rights and performance under the terms of this License. This shall include but not be limited to complying with any and all conditions of approval duly adopted by the CITY in accordance with its Governmental Capacity (as defined below).

5. TERM:

A. This License shall commence on October 1, 2025 (“Commencement Date”), and continue for a period of five (4) years through September 30, 2029.

6. FEE: LICENSEE shall pay to CITY the following monthly rental payments in advance on the first day of each month, commencing on the Commencement Date, continuing during the term:

Monthly Fee Amount: $924.83
a) In addition to the Lease Fees specified herein, LICENSSEE may be billed for actual time expended by CITY staff for resolution of issues related to the performance of this License as well as any other actual costs expended by LICENSSEE. This shall be limited to costs for staff that are otherwise billed to other CITY departments or agencies. Rates for such services will be billed to LICENSSEE at the same rate that the CITY is currently billing CITY departments internally for similar services, subject to modification each July 1.
b) Pricing will follow the State of California Department of General Services Telecom Lease Rate Guideline.
c) FEE INCREASES: All Fees may be increased on each annual anniversary of the Commencement Date by an amount equal to three percent (3%) of the monthly Lease Fee paid for the previous year or by the actual change in costs based on actual costs increases to the City.
d) In no event shall LICENSEE Lease fees be less than pro-rata share of total annual site costs for the CITY. Therefore, in addition to this annual increase, the Lease fee may increase resulting from increases in actual costs to CITY. In the event of a fee increase which exceeds 3% in one year, CITY shall notify LICENSEE in writing of any proposed additional Lease Fee increase not less than one hundred and twenty (120) calendar days before any increased Lease Fee shall take effect. e) Photo and physical review will be performed by CITY on an annual basis, if additional equipment is found and not documented or amended to contract, LICENSEE will be billed in full from the last documented annual review.

Docusign Envelope ID: 8DE22743-D77E-4444-872E-E079DD9BEA1B

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7. RESERVED.

8. HOLDING OVER: In the event the LICENSEE shall hold over and continue to occupy the Premises with the consent of the CITY, expressed or implied, the tenancy shall be deemed to be a tenancy from month-to-month upon the same terms and conditions, except fee which shall be one hundred fifty percent (150%) of the License Fee which existed and prevailed at the time of the expiration of the term of this License. For example, if the fee is Nine Hundred-Twenty-four 83/100 Dollars ($924.83)/month at the expiration of the term, rent for holding over will be One Thousand Three Hundred-Eighty-seven and 24/100 Dollars ($1,387.24).

9. TAXES: LICENSEE shall pay before delinquency any and all property taxes, assessments, fees, or charges, including possessory interest taxes, which may be levied or assessed upon any personal property, improvements or fixtures installed or belonging to LICENSEE and located within the Premises. LICENSEE shall also pay all license or permit fees necessary or required by law for the conduct of its operation. LICENSEE recognizes and understands that this License may create a possessory interest subject to property taxation and that the LICENSEE may be subject to the payment of property taxes levied on such interest.

10. TERMINATION:

A. Right to Terminate for Convenience. CITYmayterminate this License for its convenience on at least thirty (30) days’ prior written notice from the CITY to LICENSEE. Any such termination date shall coincide with the end of a calendar month. Neither party shall incur any liability to the other by reason of such termination.

B. LICENSEE’s Right to Terminate. This License may be terminated by LICENSEE at any time after thirty (30) days’ prior written notice to CITY. Any such termination date shall coincide with the end of a calendar month.

11. RATES AND PAYMENT TERMS:

Payment rates and conditions are set forth above in Section 6, RENT. Payment shall be due upon receipt of invoice and payable within thirty (30) days of invoice date.

Payment address is: City of Watsonville
Finance Department
250 Main Street
Watsonville, CA 95076
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12. AGREEMENT AUTHORIZATION:

LICENSEE warrants and represents that the individual signing this License is a properly authorized representative of the LICENSEE and has the full power and authority to enter into this License on the LICENSEE’s behalf.

13. ASSIGNMENT:

This License, or any interest therein, including any claims for monies due with respect thereto, shall not be assigned by LICENSEE except with the consent of CITY, which consent shall not be unreasonably withheld, and any such assignment shall be void without such consent.

14. DEFAULT AND TERMINATION:

A. City’s Remedies for Licensee Default. The failure of any of the following requirements shall be deemed a breach of a material term of this License and this License shall be subject to immediate termination under the following circumstances:

1. LICENSEE fails and neglects to comply with any monetary obligation herein, after ten (10) days’ written notice and demand; or

2. LICENSEE fails or neglects to comply with any reasonable requirement of CITY after thirty (30) days’ written notice and demand; or

3. LICENSEE fails or neglects to comply with any agreement or Permit to which the CITY is subject after notice and LICENSEE's failure to cure such failure or neglect after notice and within the cure periods specified in this Section 14., or as provided in any such agreement or Permit.

In the event of such termination, CITY may immediately disconnect any CITY circuits involved in this License, either electronically or physically. LICENSEE shall, if appropriate, immediately remove any and all of LICENSEE’s Improvements from the Site and surrender all rights and privileges under this License. If LICENSEE fails to restore the Premises to its former condition, reasonable wear and tear excepted, within thirty (30) days after such termination, the CITY may restore the Premises at LICENSEE’s sole expense.

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B. LICENSEE’s Remedies for CITY’s Default. In the event of CITY’s default of any material obligation herein, where LICENSEE has performed all material provisions of this License, LICENSEE may demand in writing that the default be cured within thirty (30) calendar days after the receipt of such notice by the CITY. The failure to cure such default within the stated period shall constitute a breach of this License, and LICENSEE may elect to terminate this License immediately by providing CITY written notice of termination.

15. INDEMNIFICATION AND INSURANCE:

A. Indemnification
Notwithstanding any other provision herein to the contrary and subject to Section 15.B below, LICENSEE agrees to indemnify, defend and hold harmless CITY and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability to the extent arising from LICENSEE’s negligence or willful misconduct and for any costs or expenses reasonably incurred by CITY on account of any claim in connection with this License therefore, except where such indemnification is prohibited by law, and except to the extent caused by the negligence or willful misconduct of CITY or CITY's agents, employees, or contractors.

CITY agrees to indemnify, defend, and hold harmless LICENSEE, and its officers, employees, agents and volunteers from any and all damages for injury to persons and damage to property arising out of the sole negligence of the CITY, its officers, employees, agents or volunteers in connection with this License.

In the event CITY and/or LICENSEE is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the License, the CITY and/or LICENSEE shall indemnify the other to the extent of its comparative fault.

Furthermore, if CITY or LICENSEE attempts to seek recovery from the other for Workers’ compensation benefits paid to an employee, CITY and LICENSEE agree that any alleged negligence of the employee shall not be construed against the employer of that employee.

B. Insurance
Without in any way affecting the indemnity herein provided and in addition thereto, the LICENSEE shall secure and maintain throughout the License term the following types of insurance with limits as shown:

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1. Workers’ Compensation - To meet Labor Code of the State of California including Employer’s Liability with limits of $250,000 each accident/disease/policy limit.

2. Commercial General Liability with limits of one million dollars per occurrence for bodily injury and property damage and one million dollars ($1,000,000) general aggregate; and

3. Commercial Automobile Liability in the amount of one million dollars ($1,000,000) combined single limit each accident for bodily injury and property damage.

4. Real Property Insurance - Covering all of the Improvements and LICENSEE's personal property against loss or damage by fire, lightning, extended coverage, vandalism, malicious mischief and earthquake in an amount equal to their replacement value.

5. Additional Insured – LICENSEE agrees that it will include the CITY as an additional insured on its liability policies.

6. Waiver of Subrogation Rights – LICENSEE hereby waives all subrogation and/or recovery rights against the CITY, its employees, agents, volunteers, contractors, and sub-contractors.

7. Policies Primary and Non-Contributory – All policies required above are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the CITY, as relates to LICENSEE's negligence.

CITY is a public entity and is self-insured. LICENSEE and CITY acknowledge that CITY is legally self-insured for Workers’ Compensation up to statutory limits.

LICENSEE and CITY accept such self-insurance as satisfying the Workers’ Compensation requirements under this License.

16. HAZARDOUS MATERIALS:

A. "Hazardous Materials" shall mean any substance deemed to be hazardous, toxic or dangerous in any Hazardous Waste Law, and shall include petroleum. "ACMs" shall mean asbestos containing materials. "Hazardous Water Laws" shall mean all applicable federal, state, or local laws or regulations governing Hazardous Materials and/or ACMs.

B. Neither LICENSEE or CITY has, nor will, generate, store or dispose of any Hazardous Materials or ACMs on or about the Premises in violation of any Hazardous Docusign Envelope ID: 8DE22743-D77E-4444-872E-E079DD9BEA1B

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Waste Laws. To the best of CITY's knowledge, CITY does not know of the existence of any hazardous Materials or ACMs on the Premises in violation of any Hazardous Waste Laws and CITY has not received any written notice of any violation of Hazardous Waste Laws, or any written directive to perform any work in accordance therewith. CITY shall be responsible for remediation of any release of any Hazardous Materials in accordance with all applicable laws, which release does not result from LICENSEE's activities. LICENSEE shall be responsible to the extent any release results from LICENSEE's (including Licensee’s agents, employees, or contractors) activities. Notwithstanding the foregoing, CITY shall be responsible for abating any ACMs that will be disturbed by LICENSEE's permitted use.

17. CASUALTY:

In the event of damage by fire or other casualty to CITY’S tower or the Premises which LICENSEE did not cause, contribute to or exacerbate and which is not repaired within forty-five (45) calendar days following same or, if the Site is damaged by fire or other casualty so that such damage disrupts LICENSEE’S operations at the Premises for more than forty-five (45) calendar days, then LICENSEE may, at any time following that period, terminate this License upon fifteen (15) days prior written notice to CITY. Any such notice of termination shall cause this License to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this License and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this License. Notwithstanding the foregoing, the rent shall abate during the period of repair following such fire or other casualty in proportion to the degree to which LICENSEE’S use of the Premises is impaired.

18. CONDEMNATION:

In the event of condemnation of all or any portion of the Site, this License shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever occurs first. If as a result of a partial condemnation of the Premises or CITY’S tower, LICENSEE, in LICENSEE’S sole discretion, is unable to use the Premises for the purposes intended hereunder, or if such condemnation disrupts LICENSEE’S operations at the Premises for more than forty-five (45) calendar days, LICENSEE may, at LICENSEE’S option, which must be exercised in writing within fifteen (15) calendar days after CITY shall have given LICENSEE written notice of such taking (or in the absence of such notice, within fifteen (15) calendar days after the condemning authority shall have taken possession) terminate this License as of the date the condemning authority takes such possession. LICENSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for its losses related to the equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss of any possessory interest). The parties shall make an appropriate adjustment to payments due to the other under this License for the time of the LICENSEE is unable to use the Premises. If LICENSEE does not terminate this License Docusign Envelope ID: 8DE22743-D77E-4444-872E-E079DD9BEA1B

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in accordance with the foregoing, this License shall remain in full force and effect as to the portion of the Premises remaining, except that the rent shall be reduced in the same proportion as the rentable area of the Premises taken bears to the total rentable area of the Premises.

19. FORCE MAJEURE:

CITY shall not be held liable for any delay or failure in performance of any part of this License from any cause beyond its control and without its fault or negligence, such as acts of God, acts of civil or military authority, government regulations, strikes, labor disputes, embargoes, epidemics, war, terrorist acts, riots, insurrections, fire, explosions, earthquakes, nuclear accidents, floods, power blackouts, brownouts, or surges, volcanic action, other major environmental disturbances, unusually severe weather conditions, inability to secure product or services of other persons or transportation facilities, or acts or omissions of transportation common carriers.

20. FAA SPECIAL PROVISIONS FOR PREMISES LOCATED AT CITY AIRPORT:

A. LICENSEE, for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that in event facilities are constructed, maintained, or otherwise operated on the property described in this License for a purpose for which a DOT program or activity is extended of for another purpose involving the provision of similar services or benefits, LICENSEE shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, DOT, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.

B. The LICENSEE for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby further covenant and agree as a covenant running with the land that: (a) no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of facilities; (b) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; (c) that the LICENSEE shall use the with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 2 1, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as such Regulations may be amended.

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C. In the event of breach of any of the nondiscrimination covenants, CITY shall have the right to terminate this License and to reenter and repossess the Premises and the facilities thereon, and hold the same as if this License had never been made or issued.

The provision does not become effective until the procedures of 49 CFR Part 21 are followed and completed including expiration of appeal rights.

D. LICENSEE shall furnish its accommodations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and it shall charge fair, reasonable and not unjustly discriminatory prices for each unit or service; PROVIDED, THAT the LICENSEE may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar type of price reductions to volume purchasers.

E. Non-compliance with paragraph D, above shall constitute a material breach thereof and in the event of such non-compliance CITY shall have the right to terminate this License without liability therefore or at the election of the CITY or the United States either or both Governments shall have the right to judicially enforce paragraph D, above.

F. LICENSEE shall insert the provisions of this section in any agreement or contract by which LICENSEE grants a right of privilege to any person, firm or corporation to render accommodations and/or services to the public on the Premises herein licensed.

G. LICENSEE assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no personal shall be on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR, Subpart E. LICENSEE assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by such subpart. LICENSEE assures that it will require that it’s covered by such subpart. LICENSEE assures that it will require that its covered sub organizations provide assurances to the LICENSEE that they similarly will undertake affirmative action programs and that they will require assurances from their sub-organizations, as provided by 14 CFR Part 152, subpart 2, to the same effect.

H. The CITY reserves the right to further develop or improve the landing area of the Airport as it sees fit, regardless of the desires or views of LICENSEE and without interference of hindrance. Such reservation included without limitation the right to develop and operate other airports, to relocate existing operations at other airports and to offer services and facilities at the other airports that may compete with the operations of LICENSEE.

I. The CITY reserves the right, but shall not be obligated to the LICENSEE, to maintain and keep in repair the landing area of the Airport and all publicly-owned facilities at the Airport, together with the right to direct and control all activities of LICENSEE in this regard.

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future agreement between the CITY and the United States or other governmental authority, relative to the development, operation or maintenance of the Airport, the execution of which has been or will be required as a condition precedent to the granting of Federal or other governmental funds for the development of the Airport, to the extent of the provisions of any existing or future funds. CITY agrees to provide LICENSEE written advance notice of any provisions that would adversely modify the material terms of this License.

K. LICENSEE agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event future construction of a building is planned for the Premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the Premises.

L. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308a of the Federal Aviation Act of 1958 (49 U.S.C. 1349a).

M. There is hereby reserved to the CITY, its successor and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises. This public right of flight shall include the right to cause in the airspace any noise inherent in the operation of any aircraft used for navigation or flight through the airspace or landing at, taking off from or operation on the Airport.

N. LICENSEE, by accepting this License expressly agrees for itself, its successors and assigns, that it will not erect nor permit the erection of any structure or object nor permit the growth of any tree on the land licensed hereunder above the mean sea level elevation of more than 100 feet. In the event the aforesaid covenants are breached, the CITY reserves the right to enter upon the Premises and to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of LICENSEE.

O. LICENSEE, by accepting this License expressly agrees for itself, its successors and assigns, that it will not make use of the Premises in any manner which might interfere with the landing and taking off of aircraft from the Airport or otherwise constitute a hazard. In the event the aforesaid covenant is breached, CITY reserves the right to enter upon the Premises and cause the abatement of such interference at the expense of LICENSEE.

P. This License and all the provisions hereof shall be subject to whatever right the United States government now has or in the future may have or acquire, affecting the control, operation, regulation and taking over of the Airport or the exclusive or non-exclusive use of the Airport by the United States during the time or war or national emergency.

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21. OTHER OPERATIONS:

It is understood and agreed that the use authorized at the PREMISES by this License is not given to LICENSEE exclusively but may be given to any other LICENSEE at the PREMISES at the sole discretion of the CITY.

22. GENERAL TERMS AND CONDITIONS:

A. Permits - LICENSEE is required to and responsible for obtaining and paying any costs of all permits, licenses or approvals by any regulatory bodies having jurisdiction over the uses authorized herein, as appropriate.

B. Waiver - No waiver of a breach of any provision of this License by either party shall constitute a waiver of any other breach, or of such provision. Failure of CITY to enforce at any time, or from time to time, any provision of this License shall not be construed as a waiver thereof. The remedies herein reserved shall be cumulative and additional to any other remedies in law or equity.

C. Validity - The invalidity in whole or in part of any provision of this License shall not void or affect the validity of any other provision.

D. Captions and Paragraph Headings - Captions and paragraph headings used herein are for convenience only and are not a part of this License and shall not be used in construing it.

E. Exhibits - All Exhibits attached hereto, if any, are an integral part of this License and are incorporated herein by reference.

F. Entire Agreement - This License shall be governed by the laws of the State of California and constitutes the entire agreement between the parties and supersedes all prior negotiations, discussions, and preliminary understanding. This License may be amended as CITY and the LICENSEE mutually agree in writing. Any such amendment must be signed/approved by authorized representatives of the CITY and LICENSEE.

G. Notifications - All notices or demands required, or permitted to be given or made hereunder, shall be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender. Notice shall be effective upon two (2) days after date of mailing.

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Each such notice is to be sent to the respective party at the address indicated below or to any other address or person that the respective party may designate by written notice delivered pursuant hereto:

To CITY: City Clerk
City of Watsonville
275 Main Street, Suite 400
Watsonville, CA 95076
To LICENSEE: The Internet Store, Inc DBA Cruzio,
Cruzio Internet, Cruzioworks and
Gatespeed
877 Cedar Street Suite 150
Santa Cruz, CA 95060
H. Authority. CITY warrants and represents to LICENSEE that (a) CITY has full authority to enter into this License and to grant the licenses provided herein and to CITY’S knowledge, there are no undisclosed liens, judgments or impeachments of title on the Site that prevent the use of the Premises by LICENSEE as set forth herein.
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[Signatures appear on following page]
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IN WITNESS THEREOF, the parties executed this License.

LICENSEE:

Cruzio
The Internet Store, Inc DBA Cruzio,
Cruzio Internet, Cruzioworks
and Gatespeed
By: _________________________________
Name, Title
CITY:

CITY OF WATSONVILLE, a California charter
city and municipal corporation
By: _____________________________________
Tamara Vides, City Manager
ATTEST:

By: _________________________________
Irwin I. Ortiz, City Clerk
APPROVED AS TO FORM:

By: _________________________________
Samantha Zutler, City Attorney
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COO

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EXHIBIT “A”
Legal Description
Current site
Space for Cruzio equipment at Fire Station 2-
Cell Tower #5 located at 370 Airport Boulevard, Watsonville, CA.

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EXHIBIT “B”
Location of Premises, Site Information and Equipment
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1 CITY COUNCIL AGENDA REPORT
MEETING DATE: Tuesday, October 14, 2025
TO: CITY COUNCIL
WRITTEN BY: SOLID WASTE DIVISION MANAGER SMITH
RECOMMENDED BY: PUBLIC WORKS & UTILITIES DIRECTOR LINDBERG APPROVED BY: TAMARA VIDES, CITY MANAGER
SUBJECT: AUTHORIZE PURCHASE OF A NEW JOHN DEERE 700 DOZER FOR THE LANDFILL, IN A TOTAL AMOUNT NOT TO EXCEED $293,343 PLUS THE

ACTUAL COST OF FREIGHT AND TAXES WHICH ARE CALCULATED UPON

FINAL SHIPMENT
RECOMMENDATION:

Adopt a resolution authorizing the purchase of a new John Deere 700 P Dozer for the landfill, from PAPÉ Machinery, Inc. through the purchasing authority of Sourcewell Purchase Agreement No. 011723-JDC, in an amount not to exceed $293,343 plus the actual cost of freight and taxes which are calculated at the time of final shipment; and authorize and direct the City Manager to execute the purchase agreement and any adjustments necessary to execute the purchase.

BACKGROUND:

The City recently completed the installation of the groundwater protection system in Cell IV of the City’s existing landfill, and started receiving, compacting, and disposing of solid waste at the facility earlier this year. In the process of operation, the existing dozer equipment that moves the solid waste within the cell has reached the end of life, requiring the purchase of a new replacement dozer.

DISCUSSION:

The Solid Waste Division resumed receiving refuse at the City’s Landfill in April of 2025 to control disposal costs. In September, the existing dozer equipment reached the end of its life, necessitating the rental of a dozer until a new replacement could be procured due to the high estimated repair cost, which placed a strain on the Solid Waste Enterprise’s landfill operating budget.

2 The City’s Purchasing Policies, specifically subdivision (e) of § 3-5.210 of the Watsonville Municipal Code, exempts purchases made cooperatively with one (1) or more units of government through cooperative purchasing programs substantially the same as the City of Watsonville. The City typically purchases vehicles through a cooperative purchasing source such as Sourcewell (Formerly NJPA). Staff received a quote from the Sourcewell cooperative purchasing low bidder, PAPÉ Machinery, Inc. for the purchase of one (1) 2025 John Deere, 770 P – Tier Construction Dozer, in an amount of $293,343, not including delivery and freight.

Staff therefore recommends that Council approve the purchase of a new dozer for the landfill, in the amount of $293,343 plus any actual delivery and freight charges or final sales tax adjustments which are calculated at the time of shipment.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:

This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in that purchasing of equipment is an administrative task that does not meet CEQA's definition of a “project,” because the action constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

STRATEGIC PLAN:

This purchase supports Strategic Plan Goal:
3 – Infrastructure and Environment
FINANCIAL IMPACT:

There is sufficient budget available in the Solid Waste Enterprise Fund CIP for Landfill Vehicles under account code 912-7805-14353.

ALTERNATIVE ACTION:

No reasonable alternatives are known at this time.

ATTACHMENTS AND/OR REFERENCES (IF ANY):
1) PAPÉ Sourcewell Quote No. 011723-JDC

Salesperson : X____________ Accepted By : X ____________ Confidential
This sale is subject to Papé’s Terms and Conditions of Sale effective on the date hereof, which are incorporated in full by this reference.The Terms and Conditions of Sale are available atwww.pape.com/terms, and will also be sent by mail or e-mail to the purchaser upon request.

Quote Id: 33461528
Created On: 22 September 2025
Last Modified On: 22 September 2025
Expiration Date: 30 September 2025
Equipment Summary Selling Price Qty Extended
2025 JOHN DEERE 700 P-Tier
Construction Dozer
$ 267,500.00 X 1 = $ 267,500.00
Equipment Total $ 267,500.00
Trade In Total $ 0.00
Quote Summary
Equipment Total $ 267,500.00
Trade In
SubTotal $ 267,500.00
Sales Tax - (9.75%) $ 25,842.77
Total $ 293,342.77
Down Payment (0.00)
Rental Applied (0.00)
Balance Due $ 293,342.77
Quote Summary
Prepared For Prepared By

CITY OF WATSONVILLE
320 HARVEST DR
WATSONVILLE, CA 95076
Business: 831-234-5138
Email:

[email protected]
G

JAKE DUTRA
Pape Machinery, Inc.
415 E 9th Street
Gilroy, CA 95020
Phone: 408-848-4150
[email protected]
SOURCEWELL CONTRACT #011723-JDC
PAPE PLUS PARTS ONLY FOR 0-2000HRS

EXTENDED POWERTRAIN & HYDRAULICS
WARRANTY FOR 24 MONTHS OR 2000HRS
Attachment 1

Selling Equipment
Quote Id: 33461528 Customer: CITY OF WATSONVILLE
Confidential
2025 JOHN DEERE 700 P-Tier Construction Dozer
Hours:

Stock Number:

Code Description Qty
18A0T 700 P-Tier Construction Dozer 1
Standard Options - Per Unit
110A Future Release 1
183E JDLink™ 1
0202 United States 1
0259 English 1
0351 Translated Text Labels 1
0403 LGP PAT (Low Ground Pressure
Power-Angle-Tilt)
1 0603 Cab - Level 1 Trim 1
0951 Rear Camera (Primary Display) 1
1205 Basic Radio 1
2300 Less Secondary Display 1
2940 Less Grade Control 1
4095 JD 6.8L - FT4/SV 1
4102 Automatic Reversing Hydraulic Fan 1
5807 30 In (760 mm) Moderate Service
Shoes - Maximum Life Undercarriage
1 7030 4 Function Electro-Hydraulics (EH)
for Power-Angle-Tilt (PAT)
1 7151 Standard Hydraulic Pump 1
7620 PAT Blade - 145 In (3688 mm) 1
8030 Fire Extinguisher Bracket 1
8049 Engine Air PreCleaner 1
8071 Beacon Light 1
8088 Engine Compartment Light 1
8104 Fluid Sampling Ports 1
8114 Full Length Rock Guards - PAT 1
8124 Fuel Filter, Severe-Duty 1
8179 Quick Fluid Service 1
Attachment 1

Selling Equipment
Quote Id: 33461528 Customer: CITY OF WATSONVILLE
Confidential
Other Charges
Delivery Charge 1
Freight 1
Setup 1
Attachment 1

Reso No. (CM)
Meeting Date: 101425 SWZ ______ TV ______ PWU ______
1 RESOLUTION NO. __________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE AUTHORIZING THE PURCHASE ORDER OF ONE (1) 2025 JOHN DEERE 700 P DOZER FOR THE SOLID WASTE DIVISION FROM PAPÉ
MACHINERY, INC., THROUGH THE PURCHASING AUTHORITY OF
SOURCEWELL (FORMERLY NJPA), IN AN AMOUNT OF $293,343 PLUS

ANY ADJUSTMENTS FOR THE ACTUAL COST OF FREIGHT, DELIVERY,

AND TAXES WHICH ARE CALCULATED AT THE TIME OF FINAL
SHIPMENT; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

PURCHASE ORDER (FUNDED FROM SOLID WASTE ENTERPRISE FUND [0740])
WHEREAS, competitive bidding requirements for the purchase of supplies, equipment and non-personal contractual services and the sale of personal property are set forth in Chapter 5 of Title 3 of the Municipal Code; and WHEREAS, subdivision (e) of § 3-5.210 exempts purchases made cooperatively with one (1) or more units of government through cooperative purchasing programs substantially the same as the City of Watsonville’s; and WHEREAS, the City received a quote from PAPÉ Machinery, Inc., a member of Sourcewell (formerly NJPA) through purchasing agreement #011723-JDC, for the purchase of one (1) 2025 John Deere 700 P – Tier Construction Dozer, in an amount of $293,343 not including delivery and freight; and
WHEREAS, City staff has evaluated the bid process used by Sourcewell (formerly NJPA) and determined that its bid process is similar to that of the City of Watsonville.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

1. This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in that purchasing of equipment is an administrative task that does not meet CEQA's definition of a “project,” because the action constitutes organizational or

Reso No. (CM)
Meeting Date: 101425
2 administrative activities of governments that will not result in direct or indirect physical changes in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

2. This purchase is exempt from the purchasing procedures of Chapter 5 of Title 3 of the Municipal Code as a purchase made cooperatively with one (1) or more units of government under subdivision (e) of § 3-5.210 of the Municipal Code

3. That the Council hereby authorizes the purchase order of one (1) John Deere 700 Dozer to be used by the Solid Waste Division from PAPE Machinery, Inc., through the purchasing authority of Sourcewell (formerly NJPA), in the amount of $293,343 plus any adjustments for the actual cost of freight, delivery, and sales tax calculated at the time of final shipment, funded by the Solid Waste Enterprise Fund [0740].

4. That the City Manager is hereby authorized and directed to execute said purchase order for and on behalf of the City of Watsonville, including any extensions or amendments thereof in order to implement this purchase. ********************************

1 CITY COUNCIL AGENDA REPORT
MEETING DATE: Tuesday, October 14, 2025
TO: CITY COUNCIL
RECOMMENDED BY: CITY CLERK ORTIZ
APPROVED BY: TAMARA VIDES, CITY MANAGER
SUBJECT: RECORDS RETENTION GUIDELINES AND RETENTION SCHEDULE RECOMMENDATION:

Adopt a resolution approving the updated City of Watsonville Records Management Guidelines and Records Retention Schedule.

BACKGROUND:

All public agencies in California are legally required to manage, preserve, and dispose of public records in accordance with state and federal laws. The foundation of these requirements was established in 1968, when the State Legislature enacted the California Public Records Act (PRA), which defines what government records must be made available to the public and what may be exempt from disclosure. In 2021, the PRA was recodified and reorganized under Assembly Bill 473, and is now found in Government Code Section 7920 et seq.

While the PRA sets standards for public access to records, it did not originally establish uniform retention or archival requirements for local governments. That changed in 1999, when the Legislature added Government Code Section 12236, directing the Secretary of State to create the Local Government Records Program. According to GC § 12236(a):
“The Secretary of State shall establish the Local Government Records Program to be administered by the State Archives to establish guidelines for local government retention and to provide archival support to local agencies in this state.”
This program was designed to provide consistent, legally sound guidance to local agencies on records management, ensuring both transparency and long-term preservation.

2 DISCUSSION:

In compliance with Government Code § 12236, the State Archives provides retention and records management guidelines to support local governments in consolidating and managing their information resources.

On July 7, 2020, the City Council adopted Resolution No. 124-20, which updated the City of Watsonville's Records Management Guidelines and Records Retention Schedule. Since that time, several operational and technological changes have significantly affected how City departments process, store, and retrieve records. To ensure continued compliance with state law and evolving best practices, the City Clerk’s Office began meeting with departments in April 2025 to review current records storage methods and evaluate the adequacy of existing retention periods. These consultations identified areas where updates were necessary to reflect changes in legal requirements, digital systems, and departmental workflows.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:

Adopting the Records Management Guidelines and Records Retention Schedule does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

STRATEGIC PLAN:

Efficient and Well-performing Government – This policy strengthens legal compliance, enhances operational efficiency, improves risk management, and reduces file storage burdens across the organization.

FINANCIAL IMPACT:

There is no financial impact on the City by adopting this policy.

ALTERNATIVE ACTION:

The Council could retain the current policy.

ATTACHMENTS AND/OR REFERENCES (IF ANY):

None.

Reso No. ______ (CM)
Reference: Reso No. 124-20 (CM) (Rescind)
Meeting Date: 101425
SWZ ______ TV ______ CC ______
1 RESOLUTION NO. (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE ADOPTING THE CITY OF WATSONVILLE 2025

RECORDS MANAGEMENT GUIDELINES AND RETENTION SCHEDULE

AND AUTHORIZING DESTRUCTION OR DISPOSITION OF CERTAIN

RECORDS
WHEREAS, § 12236 of the Government Code directs the California Secretary of State to establish the Local Government Records Program to be administered by the State Archives; and
WHEREAS, the Secretary of State has established guidelines for local government records retention and provided archival support; and
WHEREAS, on July 7, 2020, the Council adopted Resolution No. 124-20 (CM) establishing the City of Watsonville Records Management Guidelines and Records Retention Schedule; and
WHEREAS, since then, City practices for processing and storing paper and electronic documents have changed; and
WHEREAS, the proposed City of Watsonville Records Management Guidelines and Retention Schedule – October 2025 has document processing and retention standards for every City department and comply with the California Public Records Act (§7920 et seq.) and the California Local Government Records Program (§ 12236 of the Government Code).

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

1. That the City of Watsonville Records Management Guidelines and Records Retention Schedule – October 2025 is hereby approved and supersedes all prior Records Retention Schedules.

Reso No. ______ (CM)
Reference: Reso No. 124-20 (CM) (Rescind)
Meeting Date: 101425
2 2. That the records of the City of Watsonville, described in the City of Watsonville Records Management Guidelines and Records Retention Schedule, are hereby authorized to be destroyed as provided by § 34090 of the Government Code of the State of California and in accordance with said Schedule without further action by the Council, provided, however, that no records may be destroyed without prior written approval of the department head.
********************************

CITY OF WATSONVILLE RECORDS MANAGEMENT GUIDELINES & RETENTION

SCHEDULE

CITY OF WATSONVILLE

RECORDS MANAGEMENT GUIDELINES

AND RECORDS RETENTION SCHEDULE
IRWIN I. ORTIZ, CITY CLERK
CITY CLERK’S OFFICE
(831) 768-3010
October 2025
Adopted on October 14, 2025, by
Council Resolution _______ (CM)

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Table of Contents
RECORDS MANAGEMENT GUIDELINES.....................................................................iii DEFINITIONS .................................................................................................................iv PROGRAM RECORDS: ..............................................................................................vi ACKNOWLEDGEMENT..................................................................................................vi RECORDS RETENTION CLASSIFICATIONS................................................................ 1 LEGEND...................................................................................................................... 2 CITATIONS ................................................................................................................. 2 RECORDS RETENTION SCHEDULE ............................................................................ 2 ADMINISTRATION.......................................................................................................... 2 AUDIT.......................................................................................................................... 2 ELECTIONS ................................................................................................................ 2 GENERAL SUBJECT .................................................................................................. 3 GRANTS...................................................................................................................... 3 HUMAN RESOURCES (PERSONNEL) ...................................................................... 3 INFORMATION SERVICES ........................................................................................ 5 LEGAL/LEGISLATIVE ................................................................................................. 5 MUNICIPAL CLERK .................................................................................................... 7 PUBLIC FINANCING AUTHORITY ............................................................................. 7 PUBLIC INFORMATION.............................................................................................. 7 RISK MANAGEMENT.................................................................................................. 7 AIRPORT ........................................................................................................................ 9 ADMINISTRATION...................................................................................................... 9 DEVELOPMENT ........................................................................................................... 10 ADMINISTRATION.................................................................................................... 10 BUILDING.................................................................................................................. 11 CODE ENFORCEMENT............................................................................................ 12 ENGINEERING.......................................................................................................... 12 ENVIRONMENTAL QUALITY ................................................................................... 12 HOUSING.................................................................................................................. 13 MUNICIPAL FACILITIES........................................................................................... 13 PLANNING ................................................................................................................ 14 PROPERTY............................................................................................................... 14 FINANCE ...................................................................................................................... 14 ACCOUNTING........................................................................................................... 14 ADMINISTRATIVE SERVICES.................................................................................. 15 FIXED ASSETS......................................................................................................... 15 LICENSE ................................................................................................................... 15 PAYROLL .................................................................................................................. 15 PURCHASING........................................................................................................... 16 REPORTS ................................................................................................................. 16 TREASURER ............................................................................................................ 16 LIBRARY....................................................................................................................... 17 ADMINISTRATION.................................................................................................... 17

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PARKS AND COMMUNITY SERVICES ....................................................................... 18 ADMINISTRATION.................................................................................................... 18 PUBLIC SAFETY .......................................................................................................... 19 ANIMAL CONTROL................................................................................................... 19 EMERGENCY MANAGEMENT................................................................................. 19 FIRE SAFETY ........................................................................................................... 19 ADMINISTRATION ................................................................................................ 19 EMS ....................................................................................................................... 20 FLEET.................................................................................................................... 20 PERSONNEL......................................................................................................... 20 PREVENTION........................................................................................................ 20 PROPERTY ........................................................................................................... 21 REPORTS.............................................................................................................. 21 HAZARDOUS MATERIALS....................................................................................... 21 LAW ENFORCEMENT .............................................................................................. 22 ADMINISTRATION ................................................................................................ 22 INVESTIGATIONS................................................................................................. 22 PATROL................................................................................................................. 27 SERVICES............................................................................................................. 28 TAXICABS ............................................................................................................. 29 PUBLIC WORKS........................................................................................................... 30 SANITATION/SOLID WASTE.................................................................................... 30 WASTEWATER......................................................................................................... 30 STREETS/ALLEYS.................................................................................................... 30 TRANSPORTATION.................................................................................................. 31 UTILITIES.................................................................................................................. 32 WATER/..................................................................................................................... 32 WASTEWATER......................................................................................................... 32 INDEX ........................................................................................................................... 34

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Records Management Guidelines

RECORDS MANAGEMENT GUIDELINES
To manage records efficiently, streamline paperwork, facilitate document archiving, and reduce temporary storage issues, the City has introduced a Citywide Records Retention Schedule. This schedule was established in accordance with Resolution No. (CM), which was adopted by the City Council on October 14, 2025.

Records management encompasses the collection of various types of documentation, including legislative history, vital records, correspondence, mail, emails, faxed materials, historical references, digital files, audio and video recordings, photographs, social media content, website data, text messages, and other electronic or physical media which is used to conduct City business.

Records management and archiving serve as essential tools for preserving the City’s institutional memory, supporting education, enabling access to research, and safeguarding critical legal and historical information. Given that the City of Watsonville’s records management system encompasses a wide range of documents and media, each department holds the responsibility to ensure the proper retention, protection, and timely destruction of records in accordance with the guidelines and criteria established in this policy.

Statutory references are legal citations setting retention and destruction guidelines.

These guidelines ensure that records are maintained in compliance with legal requirements and managed in an efficient, organized manner. Records that are not appropriately maintained or improperly destroyed expose the City to potential liability.

In all instances where documentation destruction is required, the attached Authorization to Destroy Obsolete Records must be completed and signed by the Department Head or their designee, and forwarded to the City Clerk for proper filing. This form would then be utilized in any legal proceedings as evidence of proper destruction.

California Government Code Section 34090.5 sets forth that if a record series can be produced electronically and proper archival methods are set in place, the original may be destroyed, with the exception of those documents that are required to be kept permanently in their original format as outlined in the retention schedule.

It is the goal of the City to move towards an electronic imaging program, and as soon as the City’s financial condition allows, the City will move forward with that process. Until that time, a concerted effort will be made to adhere to the retention schedule and to destroy appropriate records that are being stored in various facilities throughout the City and prepare archival material for electronic filing. Once an electronic imaging or other acceptable system has been installed, and training has been provided, all departments will manage the backlogged materials and proceed with proper archiving or destruction pursuant to the requirements in the retention schedule under the leadership of the City Clerk’s Department. This process will eliminate most of the storage boxes, freeing up

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space for other uses. It will also bring our records management program into compliance, ensuring the City is positioned both legally and responsibly.

In most cases, documents not specifically addressed in the attached schedule should be considered routine in nature and categorized under a general subject. These files should typically be retained for three (3) years, unless specific laws, legal decisions, or official opinions dictate otherwise.

Transitory correspondence—such as routine communications, memoranda, or emails with short-term relevance and no administrative, legal, legislative, or historical value— should not be filed in working files. Examples of transitory documents include, but are not limited to, transmittal letters, forms, general inquiries, publication requests, announcements, and other materials that do not require action by the receiving office.

If you have a document that is not transitory in nature, is not covered by this schedule, and you believe it holds legal, historical, fiscal, or administrative value—or is required by law—please notify the City Clerk’s Office. That record series may be reviewed and added to the retention schedule.

Please note: the retention schedule is not a static or permanent document. It is designed to be flexible and may be updated to reflect changes in legal, administrative, or fiscal policies.

DEFINITIONS
 Active Records – Records are considered active if they are frequently used for day-to-day operations. They are typically referenced at least once per month.

The term may also refer to perpetual records that remain active until a specific event occurs that changes their status. Once that event occurs, the record is considered to have fulfilled its function. (See also: Perpetual Record)  Administrative Records – Records commonly found in all offices and typically retained only for short time periods – less than five years. Examples include subject files, chronological files, budget documents, and policy files.  Archival Records - Records with enduring value because they reflect significant historical events, document the history and development of an agency, or provide valuable research data.
 Discovery – The formal process in legal proceedings through which parties obtain access to information, documents, and evidence relevant to a case.

Anything requested during discovery must be disclosed if it exists – even nonrecords and records that should have been destroyed earlier. Discovery effectively freezes selected holdings until released by opposing attorney or the court.

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 Local Government – Government Code, Section 7920.510 states: “’Local Agency’ includes a county; city, whether general law or chartered; city and county; school district; municipal corporation; district; political subdivision; or any board, commission or agency of the foregoing; another local public agency; or n entity that is a legislative body of a local agency pursuant to subdivision (c) or (d) of Section 54952”
 Non-Records - Material not usually included within the definition of records, such as unofficial copies of documents kept only for convenience or reference, drafts not circulated for comment or approval, routine reminders, personal notes not shared with others, and published materials received for informational purposes.  Permanent Records – Documents and materials that possess enduring administrative, legal, fiscal, or historical value and must be preserved indefinitely.

These records serve as the official and irreplaceable evidence of the City’s operations, decisions, policies, and history. Permanent records are not subject to destruction and must be maintained in a secure, accessible, and archival-quality format.
 Perpetual Records – Records retained for an indefinite period of time and then stored or destroyed after some event takes place. Examples include office personnel files which are kept until a person leaves the office, policy files kept until the policy is changed, contract files kept until the contract terminates, etc.  Program Records - Records that relate to the primary function of the agency in response to its daily mission. Examples include lien files, recorder’s files, election files, probate records, medical records, etc.
 Public Records - Any information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.
 Records - All papers, emails, logs, calendars, maps, exhibits, magnetic or paper tapes, discs, photographic films and prints, text messages, and other documents produced, received, owned or used by an agency, regardless of physical form, location, or characteristics.
 Records Retention Schedule - A list of all records produced or maintained by an agency and the actions taken with regards to those records. A retention schedule is an agency’s legal authority to receive, create, retain, and dispose of official public records. It assists the agency by documenting which records require office or temporary storage, which records have historic or research value, and which records should be destroyed because they no longer have any administrative, fiscal, or legal value. In the event of litigation, courts accept a retention schedule as establishing an agency’s “normal course of doing business”.

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 Retention Period – The length of time a record must be retained to fulfill its administrative, fiscal and/or legal function. Then a record should be disposed of as soon as possible in accordance with an approved Records Retention Schedule.

PROGRAM RECORDS:

There are no typical retention periods for program records because they are unique to the individual office. They represent the reason the office exists and their retention is usually specified in some statute or regulation that established the office or program. A few program records may be identified for permanent retention however most will be retained for a specific number of years, or as perpetual records with an “Active” period, just like administrative records.

Most program records are large in volume and may be required much longer than administrative records. As with administrative records, program records should be retained only as long as they have some administrative, fiscal, or legal value. After that they should be disposed of in accordance with an approved Records Retention Schedule.

ACKNOWLEDGEMENT
These guidelines were taken from the Secretary State Local Records Management Guidelines.

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AUTHORIZATION TO DESTROY OBSOLETE RECORDS
In accordance with the Records Retention Guidelines and upon the consent of the Department Head, the records listed below will be properly destroyed.

Record Series Title Retention Period Date of Records
From To
Prepared by: ____________________________________ Date:___________ Department Head Approval: ________________________ Date: __________ City Clerk notified by: _____________________________ Date: __________

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RECORDS RETENTION SCHEDULE
October 14, 2025

C:\Program Files\eSCRIBE\TEMP\13221673883\13221673883,,,Records Retention Guidelines and Retention Schedule.doc 1

RECORDS RETENTION CLASSIFICATIONS

ADMINISTRATION
Audit
Elections
General Subjects
Grants
Human Resources
Information Services
Legal/Legislative
Municipal Clerk
Public Financing Authority
Public Information
Risk Management

AIRPORT
Administration

DEVELOPMENT
Administration
Building
Code Enforcement
Engineering
Environmental Quality
Housing
Municipal Facilities
Planning
Property

FINANCE
Accounting
Administrative Services
Fixed Assets
License
Payroll
Purchasing
Reports
Treasurer

LIBRARY
Administration

PARKS & COMMUNITY SERVICES
Administration

PUBLIC SAFETY
Animal Control
Emergency Management
Fire Safety
Administration
Personnel
Prevention
Property
Reports
Hazardous Materials
Law Enforcement
Administration
Investigations
Patrol
Services
Taxicabs

PUBLIC WORKS
Sanitation/Solid Waste
Street/Alley
Transportation
Utilities
Water
Wastewater

C:\Program Files\eSCRIBE\TEMP\13221673883\13221673883,,,Records Retention Guidelines and Retention Schedule.doc 2 LEGEND
Records Retention
AC = Active AD = Adoption
AU = Audit CL = Closed/Completion
CU = Current Year E = Election
L = Life P = Permanent
S = Supersede T = Termination

CITATIONS
B&P—Business and Professions
CAC California Administrative Code
CCP—Code of Civil Procedure
CCR—Code of California Regulations
CEQA—California Environmental Quality Act
CFR—Code of Federal Regulations
EC—Election Code
FMLA—Family & Medical Leave Act 1993
GC—Government Code
H&S—Health and Safety
HUD—Housing and Urban Development
OSHA—Occupational Safety & Health Act
PC—Penal Code
POST—Police Officers Standards Training
UFC—Uniform Fire Code
USC—United States Code
WIC—Welfare & Institutions Code

LEGEND
Records Retention
2 AC = Active AD = Adoption AU = Audit CL = Closed/Completion CU = Current Year E = Election L = Life P = Permanent S = Supersede T = Termination

RECORDS RETENTION SCHEDULE

ADMINISTRATION
Record Series Retention Citation Descriptor
AUDIT
Annual Financial Reports CL + 2 GC34090 Independent auditor analysis Bonds CL + 10 GC34090; CCP
337.5
Final bond documentation
Budget P GC34090 Annual operating budget approved by
Legislative Body
Budget Operating (copies) S GC34090 Departmental Reference Hearing or Review AU + 3 GC34090; CFR
200.334
Documentation created and received in
connection with an audit hearing or review
Reports AU + 3 GC34090; CFR
200.334
Internal and/or external
Reviews, Internal/External
Periodic
CU+1 GC34090 Daily, weekly, monthly, quarterly, or other summary review, evaluation, log, list,
statistics, except a report

ELECTIONS
Ballots Prop. 218 (Assessment
Districts)
E+2 Gov. Code, §
53753, subd.
(e)(2).)
Property related fees (Assessment Ballot
proceeding)
Calendar E + 1 EC 17304
Certificates of Election P GC 34090 Certificate of election Charter
Amendments/Measures
P GC34090 Chapter designations by Secretary of
State following adoption of voters

FAIR POLITICAL

PRACTICES
Administration/Campaign
Statements and Conflict of
Interest
CU + 7 GC 81009 FPPC Opinions
Campaign disclosure, Elected P GC 81009 FPPC Filings
Campaign disclosure, not
elected
E + 5 GC 81009(b) FPPC Filings
Campaign disclosure –
Unsuccessful (all other
committees)
E + 7 GC 81009 FPPC Filings
Candidate’s Statements E + 4 GC 81009 Sample ballot retained permanently History P GC 34090 History of elections, sample ballots certificates of destruction, other resolutions re: elections
Statement of economic interest
–Elected Officials
T + 7 GC 81009(e) FPPC Filings
Statement of economic interest
– Non-Elected Officials
E + 7 GC 81009(b) FPPC Filings
Lobbyist Registration P GC 81009 Statements
Maps, precincts/voter
information
E + 2 GC34090; EC
17301
Nomination Papers E + 4 EC 17100
Notifications and publications E + 2 GC34090 Proof of publication or posting, certification and listing of notice of posting; copy of newspaper
notice and certification of offices to be voted
for at forthcoming election

LEGEND
Records Retention
3 AC = Active AD = Adoption AU = Audit CL = Closed/Completion CU = Current Year E = Election L = Life P = Permanent S = Supersede T = Termination Oaths of Office T + 6 Elected officials
Petitions placed on ballot .75 EC 17200,
17400
From date of filing or election; initiative,
referendum, recall, Charter amendments

GENERAL SUBJECT
Audio-Visual Records CU + 2 GC 34090 Photographs, sound recordings, video, and other audio or visual records
Biographies CU + 2 GC34090
Classifications & appointments P GC34090;
GC12946; 29 CFR
561.6(2); 29CFR
1602.4
Includes supplemental personnel records.

Wage rate tables 2 years
Correspondence/Originating
department
3 GC34090 (d) If not attached to agreement or project
files
Emails (Non-Transitory) 3 GC 34090 Includes electronic mail and attachments Goals and objectives CU + 2 GC34090 Departmental goals & objectives Historic Resources P GC 34090 Newspaper Articles, publications, newsletters, proclamations, gifts, artifacts, photos,
certificates of recognition, letters of
support/opposition from the Council
Policies & procedures,
departmental
S + 5 GC34090 (d) Retain while current
Promotional marketing
External CU + 7
Internal CU + 2
Reports
Departmental CU + 2 GC34090 Special/or final summary, review or evaluation
Staff CU + 2 GC34090 Non-agenda related, includes supporting documentation
Social Media Content 2 GC34090 Posts, blogs, webpage content, data, metadata, responses, etc.

Special projects CU + 2 GC34090
Support services CU + 2 GC34090 Reproductions, printing; postal/mailing services, other internal resources
Travel Records CU + 2 GC34090
GRANTS
Community Development
Block Grant (CDBG) and
Urban Development
T + 4 GC34090; 24
CFR 570.502
24 CFR85.42*
Applications, reports, contracts,
supporting documents *OMB Cir. A-102,
A-110, A-128
Federal and state CL + 5 GC34090 Refer to grant application close-out procedure
Financial records CL + 5 GC34090 Refer to grant application close-out procedure
Unsuccessful CL + 2 GC34090 Applications not entitled

HUMAN RESOURCES
(PERSONNEL)
Background Checks CU + 4 GC 12946,
sub. (a).)
Unsuccessful candidates
Background Investigator
Verifications
CU + 3 Dept. Policy Requests from outside agencies to access current/former employee background
checks

LEGEND
Records Retention
4 AC = Active AD = Adoption AU = Audit CL = Closed/Completion CU = Current Year E = Election L = Life P = Permanent S = Supersede T = Termination Benefit Plan Claims P 29USC1027, 29
CFR
1627.3(b)(2),
Dept. Policy
May include dental, disability, education,
health, life and vision including dependent
care and Employee Assistance
Benefit Plan Enrollment,
Denied
CL + 4 GC34090: 2
CFR Part 200
Bond, Personnel Fidelity T + 2 GC34090 Employee Fidelity Bonds Employment Development
Department (EDD) Claims
CL +3 GC 12946,
sub. (a).)
Employee Handbook S + 2 GC34090 General employee information including benefit plans
Employee Programs CL + 2 GC34090; GC
12946
Includes EAP and Recognition
Employee Rights
General Employees
Safety (Police)
T + 2
T + 5
GC 12946; 29
CFR 1602; 29
USC 211 (E);
203 (m); 207
(g)
May include arbitration, grievances, union
requests, sexual harassment and Civil
Rights, complaints, disciplinary actions
Employment Verification
Requests
CU + 4 GC 12946,
sub. (a).)
Fair Employment & Housing
Act (FEHA) Claims
CL + 4 GC 12946,
sub. (a).)
Hourly employees T + 3 GC 12946;
GC34090*
*29 CFR 1627.3, Labor Relations Section
1174
Immigrant CU +2
or
T +1
Whichever is
later
Immigration
Reform/Control
Act 1987 Pub.

L –99-603
I-9 Form
Medical Leave CL + 30 FMLA 1993 US
OSHA; 29
CFR;
1910.1020*
May include Family Leave; certifications;
tests; W-4’s; *29 CFR 1602.30.32
Motor Vehicle Pulls (DMV) CU + 7 GC 12946,
12810.5b
VC
Negotiation P 29-USCsections
211(c),
203(m),
207(g) (c), 203
(m), 207 (g)
Notes, notebooks, correspondence,
contracts, and Memorandums of
Understanding
Non-safety employees T + 3 Reference: 29
CFR 1627.3;
CCR Sec 1174;
29 CFR
16202.30.32;
29 CFR; GC
12946, 34090*
Non-safety employees may include:

Release Authorizations; Certifications;
Reassignments; outside employment;
commendations disciplinary actions;
terminations; Oaths of Office; evaluationspre-employee medicals; fingerprints; identification cards (IDS’s) *1607.4; 29
CFR 655.202; 29 CFR 516.6 et seq; 45
CFR 1068.6 (a)
Personnel Commission(See Agendas, notices, minutes, etc. (Historical

LEGEND
Records Retention
5 AC = Active AD = Adoption AU = Audit CL = Closed/Completion CU = Current Year E = Election L = Life P = Permanent S = Supersede T = Termination Legal/Legislative) value)
PERS, Social Security, SSI P 29 CFR
1627.3(2); GC
12946, 34090

EEOC/ADEA
Psychological Exam Results CL + 4 GC 12946,
sub, (a).)
Unsuccessful candidates
Recruitment CL + 2 Reference: GC
12946; 29 CFR
1602 et seq 29
CFR 1607; 29
CFR 1627.3
Applications, resumes, alternate lists;
logs, indices; ethnicity disclosures;
examination materials; examination
answer sheets; job bulleting; eligibility;
electronic database
Reports CU + 2 GC34090 Employee statistics, benefit activity; liability loss
Safety CU + 2 GC34090 Certifications/designations
Safety Employees T + 3 Reference: 29
CFR 16273;
CCR Sec 1174;
29 CFR
1607.4*
Police, fire, emergency employees may
include; Release Authorizations;
Certifications Reassignments; outside
employment; commendations/disciplinary
actions; terminations; Oaths of Office;
evaluations-pre employee medicals *29
CFR 1602.30.32; 29 CFR 655.202; 29
CFR 516.6 et seq; 45 CFR 1068.6 (a)
Surveys and studies CU + 3 GC12946,
34090; 29 CFR
516.6 (2); 29
CFR 1602.14
Includes classification, wage rates, salary
schedules, job descriptions
Training records non-safety CU + 7 GC34090 Employee applications, volunteer program training,
Personnel (by name) T + 7 GC34090 Employee applications, volunteer program training, class training materials,
internships
Vehicle Mileage
Reimbursement Rates
S + 2 GC34090 Annual mileage reimbursement rates

INFORMATION

SERVICES
Internet, World Wide Web S + 3 GC34090 Management/Policies and supporting documentation
Inventory, Information Systems S + 2 GC34090 Hardware/software inventory logs; systems manuals
Mobile Device Records AC + 3 GC 34090 Assignment documents, equipment files, inventory, cellular bills
Network Information Systems
(LAN/WAN)
CU + 4 GC34090; CCP
337.2; 343
Configuration maps and plans
Program Files and directories CU + 2
CU + (2
mos.)
CU + 1
CU + .5
GC34090 Annual backup
Daily backup
Monthly backup
Weekly backup
Tapes information systems CU + 2 GC34090 System generation

LEGAL/LEGISLATIVE

LEGEND
Records Retention
6 AC = Active AD = Adoption AU = Audit CL = Closed/Completion CU = Current Year E = Election L = Life P = Permanent S = Supersede T = Termination Agendas CU + 4 GC34090 Original agendas and special meeting notices, including certificates of posting,
original summaries, original
communications and action agendas for
Council, Boards and Commissions, public
hearing notices
Agenda reports (master,
subject files)
P GC34090 (e) Documentation received, created, and/or
submitted to council
Appeals, Civil CU + 3 CCP
583.320(a)(3);
GC34090
Settlement Agreements P GC 34090
Applications, Boards,
Commissions, Committees
CL + 2 GC34090; Not selected
Applications, Boards,
Commissions, Committees
T + 5 GC34090;
GC40801
Selected
Articles of Incorporation P GC34090; CCP
337.2
Case log CL + 7 CCP337.2; 343 From close of cases listed; chronological listing cases
Case Records – (High profile) P GC34090(d) Significant cases which have importance/or set legal precedence.

Includes logs, complaints, police reports,
court orders, motions, notes, briefs
Case Records CL + 7 42 USCs1983 Includes logs, complaints, police reports, court orders, motions, notes briefs, closing
statements (unless) minors – 3 years after
attaining 18)
Contracts and agreements
approved by Council
P GC34090, CCP
337.2, 343;
B&P7042.5; *
Includes leases, equipment, services or
supplies *Pu7685; 48 CFR:2; GC53066
Contracts and Agreements not
approved by Council
T + 5 CCP 337.2, 343;
B&P7042.5
Includes leases, equipment, services or
supplies *Pu7685; 48 CFR:2; GC53066
Document Destruction P GC 34090 Approved records destruction lists and certificates
Excl. Capital Improvement T + 5 CCP 337.2,
343;
B&P7042.5; *
Incl. Capital Improvement P 2.08.110;* Construction *GC34090a; 4004; H&S 19850
Index, Attorney Case L Including notations on activities related to case
Legal Advertising CU + 4 CCP 343, ;
GC34090
Includes public notices, legal publications
Logs, attorney service request CU + 2 GC34090 Service request, summaries of monthly requests
Minutes P GC34090(d);
GC36814; GC
40801
Official minutes and hearing proceeding of
governing body or board, commission or
committee
Notices, meetings CU + 2 GC34090.7,
54960.1(c)(1)
Special meeting
Opinions S + 2 GC34090 Confidential

LEGEND
Records Retention
7 AC = Active AD = Adoption AU = Audit CL = Closed/Completion CU = Current Year E = Election L = Life P = Permanent S = Supersede T = Termination Ordinances P GC34090(d)
40806
Charter amendments; municipal code
Resolutions P GC34090 (d)
40801
Legislative actions
Tapes, audio/video CU + 2 GC34090.7 When used for minute preparation and may have historical value.

MUNICIPAL CLERK
Assessment Districts P GC34090 Original documentation
Inventory, Records CU + 2 GC34090; Inventory of non-current or inactive records holdings and locations, indices.

Tapes may be recycled.

Municipal Code P GC34090 Supplements included
Public Records Request CL + 2 GC34090
Records Management CL + 2 GC34090 Documents includes retrieval, transfers – inactive
Records Management
Disposition Certification
P GC34090 Documentation of final disposition or
records
Records Retention Schedules P GC34090 Approved by Resolution

POLICIES/PROCEDURES
General administrative S + 3 GC34090;
40801
All City policies and procedures
Policy S + 3 GC34090 Policies, directives rendered by council not assigned a resolution or ordinance
number

PUBLIC FINANCING

AUTHORITY
Administration P GC34090
Financial Records P GC34090,
40802
Management Reports 2 GC34090
PUBLIC

INFORMATION
Brochures, publications,
newsletter, bulletins
S + 3 GC34090
Calendar, City CU + 3 GC34090
Media Relations CU + 3 GC34090 Includes cable, newspaper, radio, message boards, presentation, releases

RISK MANAGEMENT
Accident Reports – City Assets CL + 7 29 CFR
1904.2; 29;*
Reports and related records *CFR 1940.6
Bonds, Insurance P CCP 337.2;
343
Bonds and insurance policies insuring City
property and other assets
Claims, Damage CL + 5 GC34090;
GC25105.5
Paid/Denied
Hazard Inspections CU+2 GC34090 Including the person(s) conducting the inspection; the unsafe conditions and
work practices identified; corrective action,
and follow up

LEGEND
Records Retention
8 AC = Active AD = Adoption AU = Audit CL = Closed/Completion CU = Current Year E = Election L = Life P = Permanent S = Supersede T = Termination Incident Reports CL + 7 29 CFR
1904.2; 29
CFR 1904.6
Theft, arson, vandalism property damage
or similar occurrence (excluding fire/law
enforcement)
Insurance, ACCEL JT Powers
Agreements
P GC34090 (Authority California Cities Excess Liability Insurance) B
Accreditation/MOU’s/agreements/agendas
Insurance, Certificates P Dept Policy Insurance certificates filed separately from contracts, includes insurance filed by
licensees
Insurance, Liability/Property P GC34090 May include liability, property, Certificates of Participation, deferred, use of facilities
Insurance, Workers
Compensation
P GC6410; 29
CFR
1910.1020
Indemnity; PERS – working files – original
with Administrator
Photographs, Negatives, Film 3 GC34090
Risk Management Reports CL + 5 OMB 1220-
0029; 29 CFR
1904.4;
GC34090
Federal OSHA Forms; Loss Analysis
Reports; Safety Reports; Actuarial Studies
Safety Committee Meeting
Minutes
CU+3 GC34090
Workers Compensation P CCR 14311;
15400.2; CA
Labor Code
110-139.6
Claims files, reports, incidents (working
files) original filed with Administrator

LEGEND
Records Retention
9 AC = Active AD = Adoption AU = Audit CL = Closed/Completion CU = Current Year E = Election L = Life P = Permanent S = Supersede T = Termination

AIRPORT
Record Series Retention Citation Description

ADMINISTRATION
Airport Activity Statistics CU + 2 GC 34090 Includes any data on airport traffic and other activities used for reporting
purposes
Airport Certification P 14 CFR 139.207B
& 171.13-171.213
Federal Aviation Administration (FAA)
required manuals
Airport Director & staff
correspondence files
CU + 2 GC 34090 (d) Incoming and outgoing correspondence that is not attached to an agreement,
tenant file, or project file
Airport Noise
Monitoring and Complaint
CU + 10 Correspondence, studies, memos,
reports, log books, documents related
to assessment of noise levels at airports
and resolution of complaints
Airport Operation Certification P 14 CFR 139.109, 14
CFR 139.201 and GC
34090
Records documenting the certification of the
Airport by the Federal Aviation
Administration (FAA) including but not
limited to CALTRANS Operating Certificate,
Application for Certification, FAA inspection
reports relating to certification, and
certification
manual and updates
Airport Tenant Insurance Certs T + 5 CCP 337 +1 year Records documenting that airport tenants, if any, have required insurance
coverage
Applications
Aircraft Storage
T+3 GC34090 Payment invoices, inventory listing,
billing correspondence and other
related documents
Capital Improvement Project L FAA plan sets, buildings reverted to Airport
Emergency Plan Exercise
Records
CU + 3 14 CFR 139.325 Records documenting the holding of emergency plan exercises required by
the FAA
Hangar Documents P Dept Policy Current occupants, permit history Hangar Leases CL + 2 GC 34090 Original leases maintained in the Airport office
Hangar Waiting Lists CU + 2 GC 34090 (d) Includes waiting lists for hangar space and SAPW list
Inspection, Runway CU + 10 CFR 139.327 Safety inspection, including reviews and analysis of all aspects of airport
operation, and Cal Trans IVE annual
inspection
Inspection, Safety Self CU + 2 CFR 139.327 Safety inspection and related document include reviews and analysis of all
aspects of airport operation
Leasehold Files CL + 2 GC 34090 Lease agreements, correspondence and other documents required to
become a tenant
Maintenance, FAA P 14 CFR 171.13-
171.213
Forms and reports required by FAA
including Forms FAA-198, -418, -6030-
1, -6790-4

LEGEND
Records Retention
10 AC = Active AD = Adoption AU = Audit CL = Closed/Completion CU = Current Year E = Election L = Life P = Permanent S = Supersede T = Termination Property and Liability
Insurance
T+5 CCP 337.1 Certificates of insurance
Self-Inspection & Airport
Condition
CU + 2 14 CFR 139.301
(b)(5) & (8) and GC
34090
Records documenting inspection of
airport facilities and monitoring of airport
conditions according to FAA
requirements
Tenant Lists CU + 2 GC 34090 (d) Tenant list, based aircraft list, possessory interest list, etc.

Tie Down Agreements CU + 2 Original leases maintained at Airport office
Reports
Accident and incident (Aircraft) CL + 8 Accidents, injuries, property damages, general conditions re pilot and aircraft
Aircraft Incident Reports CU + 5 Consistent with
FAA Order No.
8020.11B
Records documenting accidents and
other incidents involving aircraft
arriving, departing or present at the
airport including, but not limited to,
reports and communications
Airport Operational
(Regulatory)
P Annual and special reports to federal
and state regulatory agencies
Airport Operational
(Administrative)
CU + 2 Logs, statistical summaries;
administrative records
NOTAM (Notice to Airmen) CU + 3 Reports re: conditions affecting airport maintenance/operations

DEVELOPMENT
Record Series Retention Citation Descriptor

ADMINISTRATION
Benchmark Data CU + 3 GC34090d Horizontal, vertical & control Bids & Proposals
(Unsuccessful)
CL + 3 GC34090d
Bonds Development CL + 10 GC 53921 Housing; Industrial Development Security CL + 3 GC34090 Documentation created and or received in connection with the performance of
work/services for the City, or for parcel
maps and subdivision work
Code Books P GC34090e National Electrical Code, Uniform Building, Fire, Mechanical, Plumbing &
Supplements
Contractor CU + 3 GC34090d Current listing
Correspondence 3 GC34090d Working documentation
Development Conditions L GC34090 Mitigation measures, filed with case files
Development Agreements P CCP337, 337.1(a),
337.15;
GC34090.4; 48
CFR 4.703
Infrastructure contracts, franchises.

Original maintained for 7 years
Developments Standards P GC34090a Landscape mediums, parkway landscape development, public works
construction
Drawings, Project Plan CU + 2 GC34090d Does not included those usually filed with case or projects

LEGEND
Records Retention
11 AC = Active AD = Adoption AU = Audit CL = Closed/Completion CU = Current Year E = Election L = Life P = Permanent S = Supersede T = Termination

DEVELOPMENT
Record Series Retention Citation Descriptor
Franchises P GC65864, 34090 Including subdivision agreements, contracts for sale or purchase of
property, cable, grant of easements
and/or involving construction of
improvements * CCP 337.2, 343; AC
16023
General Subject Files CU + 3 GC34090d Internal working files including correspondence
Historic preservation inventory 3 GC34090d Historic structures & landmarks Incident files 3 GC34090d Emergency call outs
Land uses, nonconforming P GC34090a Building or site usage which does not conform to current standards
Logs CU + 5 GC 34090 Logs, registers or similar records listing permits, certificates of occupancy
issued; may include inspection, building
activity, daily, plan check, utility.

Maps & plans P GC34090a Engineering & filed notes and profiles; cross-section of roads, streets, right-ofway, bridges; may include annexations, parks, tracts, block, storm drains, water
easements, bench marks, trees,
grading, landfill, fire hydrants, base
maps, etc.

Master Plans, Annual S + 3 GC34090 Special or long-range program plan for municipalities - coordination of services,
strategic planning.

Permits, Construction P GC34090a;
H&S19850
Plans, building, signs, grading,
encroachment, including blueprints and
specifications.

Permits, others CL + 3 GC34090d Alterations, encroachment, excavations, road, street sidewalks & curb
alterations, transportation, swimming
pool drainage, temporary uses, etc.

Photographs S + 3 GC34090d Aerial photographs
Projects not completed or
denied
CL + 3 GC34090d Building, engineering, planning
Reports CU + 3 CG34090 Activity, periodic
Street names and house
numbers
P GC34090a Street dedications, closings, address,
assignments/changes
Studies, special projects &
areas
CL + 3 GC34090d Engineering, joint powers, noise,
transportation
Surveys P GC34090a Recording data and maps

BUILDING
Blueprints, specifications CL + 3 GC34090d Submitted by contractors with application for permit and builds for
Certificate of Occupancy
Certificates L GC34090a Compliance, elevation, occupancy which affect real property
Construction (Approved) P GC34090a; 4003;
4004; H&S 19850,
19853
New commercial or residential
construction, tenant improvements
room additions, spa, signs, block wall,

LEGEND
Records Retention
12 AC = Active AD = Adoption AU = Audit CL = Closed/Completion CU = Current Year E = Election L = Life P = Permanent S = Supersede T = Termination

DEVELOPMENT
Record Series Retention Citation Descriptor
remodel including security bonds
Inspection CL + 3 GC34090a Correspondence, fees, appeal request, reports
Permits P GC34909a; H&S
19850; 4003; 4004
Plans, building, signs, grading,
encroachment permits
Signs (Temporary) S + 3 GC34090d Home occupations, off-premise signs CODE

ENFORCEMENT
Abandoned vehicles CL + 3 GC34090d
Case files CL + 3 GC34090d Building, housing and mobile home code violation records including
inspections; public nuisance rubbish
and weed abatement, vehicle
abatement, citations, massage parlors
permits, general
Liens & releases, Supporting
Recorded CL + 3
P
GC34090 Utilities, abatement licenses
Logs CU + 3 GC34090d Lien Recovery, citations, complaints Regulations S + 3 GC34090d Supporting code enforcement activity Reports, Federal and State P GC34090a Code enforcement statistics; may contain records affecting title to real
property or liens thereon
Violations, Building, Property &
Zoning
CL + 3 GC34090d Supporting code enforcement activity

ENGINEERING
Capital Improvement Projects CL + 10 CCP337.15 Supporting documents including bidders list, specifications, reports, plans, work
orders, schedules, etc.

Construction tracking, daily P CC337.15 Assesses value of real property Drawings, traffic control plan P GC34090a Signs, signing & striping, road constructions
Flood control CL + 3 GC34090a Storm drains
Special districts P GC34090d Supporting documents re: improvement, lighting, underground utility; bonds,
taxes & construction
Street/Alley
(Abandonment/Vacation)
CL + 3 GC34090d Relinquishment of rights and fee title
Traffic Signals CL + 3 GC34090d Counts

ENVIRONMENTAL

QUALITY
Air Quality (AQMD) CU + 7 CCP 338(k);
GC34090
Participants/voucher logs, Total Daily
Mileage Survey (TDM); various local
authorities; Commute Alternative
Asbestos P GC34090a Documents, abatement projects, public buildings
California Environmental
Quality (CEQA)
P GC34090a +
CEQA Guidelines
Exemptions, Environmental Impact
Report, Mitigation, monitoring, negative
declaration, notices of completion and

LEGEND
Records Retention
13 AC = Active AD = Adoption AU = Audit CL = Closed/Completion CU = Current Year E = Election L = Life P = Permanent S = Supersede T = Termination

DEVELOPMENT
Record Series Retention Citation Descriptor
determination, comments, statements of
overriding considerations
Congestion Management CU + 2 GC34090d Ride sharing, trip reduction Environmental Review CL + 2 GC34090d Pesticide applications, inspections & sampling documents
Pest Control CU + 2 Gc34090D Pesticide applications, inspections & sampling, documents
Soil CL + 2 GC34090d Analysis, construction,
recommendations
Soil reports P GC34090d Final Reports

HOUSING
Bonds CL + 4 CCP 337 Revenue Bond Documentation
GRANTS
Community/Urban
Development (includes CDBG)
CL + 4 24CFR
570.50(b)(3);
24CFR 85.42 &
OMB Cir. A-110
Project files, contracts, proposal,
statements, reports, sub-recipient
dockets, Environmental review, grant
documents, applications, inventory,
consolidated plan, etc. Includes Section
108 loan guarantee *OMB Cir. A-102 &
128 regulations
Federal and State CL + 5 GC34090 Refer to grant application close-out procedure
Financial Records CL + 5 GC34090 Refer to grant application close-out procedure
Unsuccessful CL + 3 GC34090 Applications not entitled
Programs CL + 4 24 CFR
570.502(b)(3); 24
CFR 85.42 & OMB
Cir. A-110
Includes comprehensive Housing
Authority Strategy, Meeting Credit
Certificate, Housing bond advisory,
HOME, in-Lieu Housing Mitigation,
Low/Moderate Housing, Rental Housing
Assistance
Redevelopment
Budgets
Bond Issues
P GC34090,
40802,
53901
GC43900 et seq.

Includes annual audit
Relocation Files CL + 2 GC34090 e.g., Redevelopment

MUNICIPAL

FACILITIES
Capital Improvements,
Construction
P 2.83110;
GC34090a; 4004;
H&S 19850;
GC34090A
Contains records re: Planning, design,
construction, conversion or modification
of local government-owned facilities,
structures & systems
Facility Rentals/Use CU + 3 GC34090 Permit, contracts, diagrams, schedules, insurance binders
Maintenance & Operations CU + 3 GC34090d Service requests, invoices, supporting documentation; buildings, equipment,
field engineering, public facilities
including work orders and graffiti
removal

LEGEND
Records Retention
14 AC = Active AD = Adoption AU = Audit CL = Closed/Completion CU = Current Year E = Election L = Life P = Permanent S = Supersede T = Termination

DEVELOPMENT
Record Series Retention Citation Descriptor

PLANNING
Case files, Planning & Zoning P GC34090a; H&S
19850; 4003, 4004
Pertains to real property. May include
blueprints, drawings, maps, plans,
reports, evaluations, correspondence,
uses, permits, variances, studies,
appeals, compliance certificates, lot line
adjustments or other planning-related
matters brought before legislative body.

Certificates L GC34090; H&S
19850
Retain during life of structure
Flood Records CU + 2 GC34090
General Plan and Elements P GC34090 Includes sphere of influence General Plan Amendments
Approved
Denied
CL + 2
CU + 3
GC34090
GC65103*
*GC50110
Interpretations CU + 2 GC34090
Maps, Plans, Drawings,
Exhibits, Photos
P GC34090; H&S
19850; GC34090.7
Zoning, tentative subdivision, parcel,
land use map, aerial photos, specific
plans

PROPERTY
Abandonment P GC34090a Buildings, Condemnation, Demolition Acquisition/Disposition P GC34090a Supporting documents re: sale, purchase, exchange, lease or rental of
property by City
Annexation Case Files P GC34090 Reports, agreements, public notices Appraisals CL + 2 GC34090;
GC6254(h)
Exempt until final acquisition or contract
agreement obtained
Deeds & Promissory Notes P GC34090a* *24 CFR 570.502(b)(3); 24 CFR 8.42 & OMB Circ. SA-110
Maps, City Boundary P GC34090d Recorded maps, surveys, monuments Lot Split Cases P GC34090

FINANCE
Record Series Retention Citation Descriptor

ACCOUNTING
Accounts Payable AU + 4 GC34090 Invoices, check copies, supporting documents
Accounts Receivable AU + 4 GC34090
Applications CL + 3 GC34090 Utility connections, disconnects, registers, service
Assessment District P GC34090 Collection information; Original documentation files with municipal clerk
Bank Reconciliation AU + 5 GC34090; 26 CFR
16001-1
Statements, summaries for receipts,
disbursements & reconciliation
Billing Records AU + 3 GC34090 Customer name, service address, meter reading, usage, payments,
applications/cancellations
Budget P GC34090

LEGEND
Records Retention
15 AC = Active AD = Adoption AU = Audit CL = Closed/Completion CU = Current Year E = Election L = Life P = Permanent S = Supersede T = Termination

FINANCE
Record Series Retention Citation Descriptor
Budget adjustments, journal
entries
AU + 2 GC34090 Account transfers
Checks AU + 2 GC34090; CCP
337
Includes payroll, canceled & voided
checks
Deposits, Receipts AU + 4 GC34090; CCP
337
Checks, coins, currency
Invoices AU + 2 GC34090 Copies sent for fees owed, billing, related documents
Journals
Utility Billing CU + 2 GC34090 Billing including monthly activity Ledger, General P GC34090* *CCP 337
Voucher AU + 4 GC34090; CCP
337
Account postings with supporting
documents
Taxes, Receivable AU + 3 CCP338
Warrant Register AU + 2 GC34090

ADMINISTRATIVE

SERVICES
Budget Operating (copies) S GC34090 Departmental Reference Budget, Proposed CU + 2 GC34090 Presented to Council
Adopted P GC34090

FIXED ASSETS
Inventory AU + 4 GC34090; 26 CFR
301 65-1 (F)
Reflects purchase date, cost, account
number
Surplus Property
Auction AU + 2 GC34090 Listing of property
Disposal AU + 4 GC34090; CCP
337
Sealed bids sales of equipment
Vehicle Ownership & Title L VC 9900 et seq. Title transfers when vehicle sold

LICENSE
Business T + 4 GC34090; CCP
337
Paid & reports

PAYROLL
Adjustments AU + 4 GC34090 29 CFR
516.5 – 516.6
Audit purposes
Employee Time Sheets AU + 6 GC34090;
29 CFR 516.2;
26CFR31.
6001(e)(2)
Signed by employee for audit & FEMA
Reports * 20 CFR 516.6 (1); IRS Reg.

31.6001-1(e)(z); R&T 19530; LC 1174
(d)
PERS Employee deduction T + 4 GC34090; CAC 22-
1085-2
Record of deductions (PERS Public
Employee Retirement System) *26CFR

31.6001-1; 29 CFRT 516, 5 516.6, LC
1174 (d)
Register P GC34090;
GC37207
Labor costs by employee & program
Salary Records T + 3 GC34090; 29 CFR
516.2
Deduction authorization, beneficiary
designations, unemployment claims,

LEGEND
Records Retention
16 AC = Active AD = Adoption AU = Audit CL = Closed/Completion CU = Current Year E = Election L = Life P = Permanent S = Supersede T = Termination

FINANCE
Record Series Retention Citation Descriptor
garnishments

PURCHASING
Bids, RFQ’s, RFP’s
Successful
Unsuccessful
AU + 5
CU + 3
GC34090;
CCP 337; *
Requests for Qualifications; Requests
for Proposals regarding goods and
services *GC 25105-1; GC34090
Bid Tabulation Sheets AU + 5 GC34090
Requisitions
Purchase Orders AU + 4 GC34090;
CCP 337
Original documents
Stores CU + 2 GC34090 Completed forms for ordering
Vendor Register P GC34090 Alpha vendor listing of purchase orders, invoices, account numbers and check
date

REPORTS
Audits P GC34090
Deferred Compensation T + 5 GC34090; 26+
CFR 16001-1
Records of employee contributions and
City payments *29 CFR 1627.3 (2)
Federal and State Tax AU + 5 GC34090; 29 USC
436
Forms 1096. 1099, W-4’s and W-2’s
*26 CFR 31.6001.1-4; IRS REG

31.6001-1-4; IRS REG 31.6001-
1*(e)(2); R&T 19530; 29 CFR 516.5-
516.6
Financial, Annual AU + 7 GC34090.7
Investment Transactions P GC34090;
CCP 337;
GC 53607
Summary of transactions, inventory &
earnings report
Labor Distribution AU + 2 GC34090 Costs by employee & program Meter Reading CU + 2 GC34090
State Controller P GC34090 Controller may destroy after 5 years Utility Rebates CU + 8 GC34090

TREASURER
Bank Statements AU + 2 FC 3368. 30210;
GC43900 et seq.

Financing authority
Bonds
Account Statements CL + 10 GC34090; CCP
337.5
Monthly statement of transactions.

Administration CL + 10 GC34090; CCP
337.5
Supporting documents
Bonds and Coupons CL + 2 GC34090; 53921 Paid/canceled

LEGEND
Records Retention
17 AC = Active AD = Adoption AU = Audit CL = Closed/Completion CU = Current Year E = Election L = Life P = Permanent S = Supersede T = Termination

LIBRARY
Record Series Retention Citation Descriptor

ADMINISTRATION
Accounts Receivables FY + 4 GC34090 Patron accounts of non-returned library items, unpaid fines and bills, damage
charges etc.

Applications & Registrations CU + 2 Library Link & Library Programs Bad Debts
Records of uncollectable
accounts
FY + 4 GC34090 Invoices of related backup
Board of Trustees (See
Legal/Legislative)
Agendas, notices, minutes, etc.
(Historical value)
Books, art, gifts, donations,
exhibits, theatre, music,
special events
CU + 2 GC34090
Budget Records FY + 4 Records used to prepare and support the budget
Complaints CU + 2 GC34090 Includes work orders, inspection, repairs, cleaning, reports, complaints
Computer backup (See Admin:

Information Services)
Grants (See GENERAL

SUBJECT)
Literacy Program records of
learners and tutors in reading
5 Years Intake form, test results, etc. Records
identifying students are confidential
Patron registration completed
application for library cards
CL Destroy after review by supervisor
Reference materials S + 2 GC34090 Brochures, manuals, newsletters, policies, procedures & reports
State Reports CU + 4 State Required Reports
Surveys & questionnaires 4 Years
Volunteer personnel notes and
records of hours served by
volunteers
5 Years
Work orders, purchase
requests from used to request
repairs and services from
facilities manager
1 Years

LEGEND
Records Retention
18 AC = Active AD = Adoption AU = Audit CL = Closed/Completion CU = Current Year E = Election L = Life P = Permanent S = Supersede T = Termination

PARKS AND COMMUNITY SERVICES
Record Series Retention Citation Descriptor

ADMINISTRATION
Agendas, Boards (refer to
Legal/Legislative)
Grants (refer to Admin.)
Inventory, Equipment AU + 2 GC34090 Warranties, purchase orders Landscape CU + 2 GC34090 Drawings, contracts, complaints, specifications, photos, reports
Maintenance & Operations CU + 2 GC34090 Includes work orders, inspection, repairs, cleaning, reports, complaints
Maps P GC34090 Irrigation, plot plans
Photographs S + 2 GC34090
Plans, Proposed CU + 2 GC34090 Future plans, new sites, expansions Plaques P Historic Value
Policies and Procedures S + 2 GC34090 Includes rules and regulations Public Art Projects CU + 2 GC34090 Records including, but not limited to plans, proposals, presentations and
marketing materials
Reports
Accident CL + 2 GC34090 Patrons, employees
Others CL + 2 GC34090
Studies CL + 2 GC34090 Future sites, expansions
Resolutions, Board (refer to
Legal/Legislative)
Schedules, Class & Events CU + 2 GC34090 Enrollment, liability releases, evaluations, attendance, flyers
Special events 4 CCP 337, 343
Sports Organizations S + 2

C:\Program Files\eSCRIBE\TEMP\13221673883\13221673883,,,Records Retention Guidelines and Retention Schedule.doc 19 PUBLIC SAFETY
Record Series Retention Citation Descriptor

ANIMAL CONTROL
Animal impound and
disposition records, adoption
contracts
5 Years Department preference. Food & Ag C §
32003 requires 3 years
Bite Reports, State Rabies
Control Reports
10 Years GC 34090 Department preference. Could reduce
to City-wide standard of 3 years
Citations, Criminal Complaints,
Notices of Violation, pre and
post seizure proceedings,
notes, photos, evidence ACO
Logs
10 Years GC 34090 Department preference. Could reduce
to City-wide standard of 3 years
Controlled substance inventory
records and euthanasia logs
3 Years CCF 4827(d)
Ledger, Claims, Purchase
Orders, Deposit Permits,
Billing Records
5 Years GC 34090 Department preference. Could reduce
to City-wide standard of 3 years
License forms, call out slips,
radio logs, time cards
7 Years GC 34090 Department preference. Could reduce
to Citywide standard of 3 years.

Misc Records:

Lost & found, trap contracts,
activity logs, work schedules
3 Years GC34090

EMERGENCY

MANAGEMENT
Mutual Air, Strategic Plans S+3 GC34090

FIRE SAFETY

ADMINISTRATION
Audio-telephone and radio
traffic recordings obtained from
dispatch center
CU + 180 days GC34090.6 Audio-telephone and radio traffic recordings obtained from dispatch
center
CAD Incident Recall Records CU + 7 SCR911 Policy
#285
Santa Cruz Regional 911 Records
Retention Policy
Captain’s Log (Fire Station
Journals)
CU + 3 GC34090 Activities, personnel, engine companyhistorical Electronic Dispatch
Recordings
Audio on or
after March 3,
2023 + 5
SCR911 Policy
#285
Radio traffic and phone calls
Emergency Operations
Guidelines
S + 2 GC34090
False Alarm Reports CU + 2 GC34090 Logs & Reports
Fire Department Staff Reports P GC34090 (Non-Council agenda related, includes supporting documentation)
Fire Station Construction and
Acquisition
P GC34090
General Orders,
Policies/Procedures
S + 2 GC34090.7 Include Interoffice Procedures and
Directives from Chief
Public Education Information
/handouts/videos
CU + 7 GC34090
Ride Along Forms CU + 3 GC34090

C:\Program Files\eSCRIBE\TEMP\13221673883\13221673883,,,Records Retention Guidelines and Retention Schedule.doc 20 PUBLIC SAFETY
Record Series Retention Citation Descriptor
Shift Schedules S + 2 GC34090
Timekeeping Records AU + 6 GC34090; 29 CFR
516.2; 26 CFR

31.60(e)(2)
Time management records including
but not limited to shift rosters, shift
trades, time-off requests, payroll
summary reports
EMS
Paramedic records CL + 7 GC34090 Documenting medical care to patients by paramedics to include patient
medical releases; hard copy reports not
entered on web-based system; if
completed digitally, they are stored on
off-site servers through County EMS
Controlled Substances
Inventories
CU +2 GC34090 Hard copy reports not entered on webbased system; if completed digitally, they are stored on off-site servers
through County EMS
Against Medical Advice (AMA)
forms
CL + 7 GC34090 Applies only if a hard copy was
completed. If completed digitally they
are already stored on off-site servers
through County EMS
FLEET
Apparatus/Vehicle Repair and
Maintenance
CU + 2;
GC34090 CCP
340.5*
Repair and Maintenance *8 CAL Code
Reg. 3203 (b) (1)
Inventory, Equipment &
Supplies
CU + 2 GC34090

PERSONNEL
Exposure T + 30 29 CFR 1910.1020 Sampling results, collection methodology, background
Exposure T + 1 29 CFR 1910.1020 Laboratory reports and worksheets Medical/ Physical Exam T + 30 29 CFR 1910.1020;
OSHA
Medical T + 2 29 CFR
1910.1020*
Employees less than one year
*GC34090
Training T +5 GC12946; CCR
100170(d); CCR
100171
Roster Certifications/designations:

Records documenting completion of
specialized training by sworn personnel,
including but not limited to evaluations,
tests, certificates
Training Calendars CU + 7

PREVENTION
False Alarm Reports CU + 2 GC34090 Submitted when personnel respond to a fire alarm sounding found to be due to
faulty system, tech service, smoking,
cooking, etc.

Fire Code Books S + 3 GC34090.7
Fire Inspection & Occupancy
Records
CU + 10 2022 CFC 104.6 Inspections and related reports; alarm and sprinkler systems

C:\Program Files\eSCRIBE\TEMP\13221673883\13221673883,,,Records Retention Guidelines and Retention Schedule.doc 21 PUBLIC SAFETY
Record Series Retention Citation Descriptor
Fireworks Citations and
Appeals
CL + 2 GC34090
Inspections, Fire Prevention CL + 5 UFC 103.34
(replaced by
International Fire
Code)
Inspections and corrections for schools,
hotels & motels, multi-family (R2),
apartments, and other types of
businesses as required by law/fire code
Inspection Request/Complaint CL+3 GC34090 /
CCP338 /
CCP340.5
Investigations, Evidence,
Arson
CL +3 PC 801; 2022CFC
104.6
Self-inspection AU +5 2022 CFC 104.6 Self-inspection records and audit inspection records

PROPERTY
Apparatus/Vehicle CU + 2 GC34090
CCP 340.5*
Repair and Maintenance *8 CAL Code
Reg. 3203 (b) (1)
Inventory, Equipment &
Supplies
CU + 2 GC34090
Logs, Fire Equipment/Gear CU + 2 GC34090 Activity, fire equipment and gear, fuel usage, personnel; may be retained in
database

REPORTS
California Mutual Aid System
(Cal OES)
US + 5 GC34090 Participation in California Mutual Aid
System
Incident Reports CL + 3 GC34090
CCP 338 *
Dispatch and daily logs
*CCP 340.5; documenting fires and
other incidents and responses by dept.;
excludes hazmat incidents
Against Medical Advice (AMA)
forms
CL + 7 GC34090 Applies only if a hard copy was
completed. If completed digitally they
are already stored on off-site servers
through County EMS.

Patient Care Reports CL + 7 GC34090 Hard copy reports that were not entered on web-based system. If completed
digitally, they are already stored on offsite servers through County EMS.

Field, Non-fire and Logs CU + 2 GC34090
Fire, Non-arson and Logs CU + 2 GC34090
Investigations, Evidence Arson CL + 3 PC 801; UFC
104.32 (replaced
by International
Fire Code)
Structure

HAZARDOUS

MATERIALS
Hazardous Waste disposal CU + 10 CAL OSHA; 40
CFR 122.21
Documentation re handling and
disposal of hazardous waste
Permits, hazardous materials
storage
CU + 2 GC34090 Departments constantly recommend
permanent retention of environmentally
sensitive materials.

C:\Program Files\eSCRIBE\TEMP\13221673883\13221673883,,,Records Retention Guidelines and Retention Schedule.doc 22 PUBLIC SAFETY
Record Series Retention Citation Descriptor
Programs, Household
hazardous waste
S + 2 GC34090
Training materials S + 2 Cal Code* Standards and Administration *Reg. 3204(d), et seq.

Underground Storage Tank
Compliance Maintenance &
Operation
CU + 2 GC3409a
GC34090
Documents re: storage
Location, installation, removal,
remediation

LAW ENFORCEMENT

ADMINISTRATION
Accounting/Cash
Reconciliation
CU + 2 GC34090
Alarm Records CU + 2 GC34090
Chemical Emission CU + 2 GC34090
Claim Files CL + 6 PC 832.5 Claim copy, correspondence, photographs, supporting documents
relative to incidents involving the Police
Department filed by citizens
Department Manual S Changes to manual are recorded in the General Orders (Permanent)
Equipment
Communication
T + 2 GC34090 Retained until termination of equipment
use; Manuals, instructions, procedures
Inventory S + 2 GC34090 Listing of equipment assigned to division, to whom it is assigned
Reports
Activity
CU + 2 GC34090 Weekly/monthly/quarterly/ annual
activity/statistical report by division.

Retain only one form for retention
period
Survey
Response Files
CU + 2 GC34090 Surveys, responses, correspondence
with other agencies requesting
statistical data
Traffic Signals CL + 2 GC34090d Collisions and accidents

INVESTIGATIONS
Administrative Citizen
Complaints
5 Years PC 832.5 EVC
1045 GC 12946
Initiated by citizens
Includes complaint, reports, findings
Administrative Internally
Initiated Complaints
2 Years PC 832.5 EVC
1045 GC 12946
Initiated Internally
Includes Complaint, report, and findings
Asset Forfeiture
Investigations/ Proceeding
Case File
CL + 2 GC34090
Notifications 3 Years GC34090 To legal property owner prior to case filing that property is subject to asset
forfeiture proceedings. If case is filed,
notifications become part of forfeiture
case file.

Case files
Homicide
Investigator’s file
P PC 799
Narcotics (No arrest, Narcotics
Cases)
CL + 2 GC34090 Retained by division until no longer
useful for investigative purposes

C:\Program Files\eSCRIBE\TEMP\13221673883\13221673883,,,Records Retention Guidelines and Retention Schedule.doc 23 PUBLIC SAFETY
Record Series Retention Citation Descriptor
Officer involved shootings CL + 25 GC34090
Court Daily Schedule CU + 1 GC34090.7 Printouts of daily court scheduling Sign-in Logs CU + 2 GC34090 Logs officers’ names, time in/out for court appearances
Tracking System Records CU + 2 GC34090 Database records subpoena number, officer name, case number, defendant
name, district attorney name, court
information disposition
Evidence, disposition forms Attach to duplicate Property Report, file w/DR in Records Division
Fingerprint
Applicant Files
T + 3 GC34090 Paperwork authorizing fingerprinting
and background checks for city
employment applicants and business
license applicants
Inked/Palm Cards AC + 20 Persons booked into detention facility; (copies distributed to county, state,
federal agencies)
Records Latents Approp. PC Section 1) Retain for applicable case statute of limitation; 2) or until evidence in case is
destroyed; hard copy and digitized
Suspect, Adult/Juvenile CL Law Enforcement
Management Guide
by POST
Adults/juveniles suspected of a crime,
taken for comparison. Destroy after
original purpose achieved
Guns, Dealers Records of
Sales
CU + 6 PC 12070 Applicants, Monthly Gun Audits,
Applications Denied, Stolen (DOJ File)
Homeless Services CU + 2 GC3490 Client referral and assistance documentation
Informant Files T + 10 Legal notifications, identification information, payment, information,
activities information
Jail
Daily logs
CU + 6 GC34090 Daily report of staffing, boxing/releases, transfers, transportation
Inmate Record Dependent on facility’s classification;
see Laws and Guidelines for Local
Detention Facilities by Board of
Correction (State of California)
Inspection Files CL + 6 Inspection by various agencies
Survey CL + 2 GC34090 Prepared quarterly, forwarded to State Board of Corrections
Licenses
Bicycles
CU + 2 GC34090
Bingo, Mace CU + 2 GC34090
Business
License Review Board
Administrative Files
T + 1 GC34090
Duplicate (Pink),
Secondhand Dealer
Pawn Brokers
CU + 2 GC34090
Logs
Auto Theft
S

C:\Program Files\eSCRIBE\TEMP\13221673883\13221673883,,,Records Retention Guidelines and Retention Schedule.doc 24 PUBLIC SAFETY
Record Series Retention Citation Descriptor
Case Assignment CU + 1
Daily Activity CU + 2 GC34090
Officer CU + 2 GC34090
Report Summary CU + 2 GC34090
Investigative (Pre-arrest) CL + 2 GC34090 Retained by divisions until cases are suspended and closed
Juvenile Detention CU + 2 GC34090 Logs document juvenile processing per CYA
Property Control CU + 2 GC34090 Logs items coming into and going out of property room
Rap sheet CU + 2 GC34090 Request for criminal history
Subpoena CU + 2 GC34090 Subpoenas received/served daily Pawn Slips/Tickets CU + 3 B & P 21628
Photographs Crime Scene, Registrant/Applicant,
Photo file, Accident. Retain according to
practical and functional association
Daily Report (Negatives) T GC34090 Assigned DR number, retained as form of evidence, destroyed at same time
evidence for associated case is
destroyed
Inmates (Negatives) CU + 2 By prisoner number
Registration Files, Arson, Sex
and Narcotics
Life of
registrant within
jurisdiction
Fingerprint card, photo, information also
forwarded to DOJ
Arrest/Conviction H&S Section
11357 (b), (c), (d), (e) or H&S
Section 11360 (b) violations
(Occurring after January 1,
1996)
2 (Mandatory
destruction
from date of
conviction or
date or arrest
with no
conviction)
H&S 11361.5 Applicable to conviction occurring after
January 1, 1996, or arrests not followed
by a conviction occurring after January
1, 1996; Exception: H&S 11357(e), the
record shall be retained until a juvenile
offender attains the age of 18 years,
then destroyed pursuant to 11361.5
Arrest/Conviction H&S Section
11357 (b), (c), (d), (e), or H&S
Section 11360 (b) violations
(Occurring after January 1,
1996)
Mandatory
destruction
(Upon notice
from
Department of
Justice
H&S 11361.5 (c) Applicable to convictions occurring prior to January 1, 1996, or arrests not
followed by a conviction occurring prior
to January 1, 1996, for violations of
H&S Code 11357, 11364, 11365, &
11550
Crime
Felony crimes with or without
arrests
See descriptor PC 800
PC 801
Prosecution for an offense punishable
by imprisonment in state prison for 8
years or more must commence within 6
years after offense commission.

Commencement of prosecution defined
in PC 804. Exception: See PC 803 –
Tolling/Extension of time periods;
Appeals process and “Three Strikes”
also consideration in assigning
retention.

Misdemeanor/Infractions CL + 3 GC34090 No arrests, identifiable property or missing persons (See: Note 2)

C:\Program Files\eSCRIBE\TEMP\13221673883\13221673883,,,Records Retention Guidelines and Retention Schedule.doc 25 PUBLIC SAFETY
Record Series Retention Citation Descriptor
Supplemental Felony Capital
Crimes, Crimes Punishable by
Death, Life
P PC 799 No statutory limitation for prosecution.

Includes murder, kidnapping for
ransom, treason, procuring execution
by perjury, train wrecking, assault with a
deadly weapon by life-term prisoner,
bombing resulting in death or bodily
injury, making defective war materials
that cause death
Destruction
Guns
P
Narcotics P
Disposition of Arrest/Court
Action
Retention determined by action taken;
i.e., recordable arrest or detention
(released no arrest)
False Alarm (Duplicate) CU + 2 GC34090
Non-criminal occurrence CU + 2 GC34090 Injured or sick persons, missing persons where person has been
returned; traffic collision reports not
used as the basis for criminal charges
Property Original Until case is
adjudicated/dis
position
determined
Copy retained in records case file;
Refer to Managing Property in Law
Enforcement Agencies (by POST)
Range Inventory S + 2 GC34090 Quarterly reports of inventories weapons and ammunition held by
Department Range
Reports CU + 2 GC34090 Arrest & Citation Register; arson offenses; crimes against senior citizens;
death in custody; domestic violence;
FBI include Return A/Supp; hate crime
incidents; homicide reports; supp.;
officers killed or assaulted; original to
FBI – DOJ; Uniform Crime Reports
Statistical (Crime analysis) CU + 2 GC34090 Internally generated information using activity logs, citizen calls, currents and
past crime statistic reports, finance
department expenditure and budget
records; citations, crime reports,
accident report, permits, receipts.

Reports created for variety purposes
including increase/decreases in criminal
activity; officer workload, deployment,
time usage

C:\Program Files\eSCRIBE\TEMP\13221673883\13221673883,,,Records Retention Guidelines and Retention Schedule.doc 26 PUBLIC SAFETY
Record Series Retention Citation Descriptor
Statistical (UCR), Uniform
Crime Reports mandatory to
DOJ (LEIC); FBI include
Return A/Supplement;
Supplementary Homicide
Report; law enforcement
officers killed or assaulted;
monthly return of arson
offenses know to law
enforcement; number of violent
crimes committed against
senior citizens; monthly report
of domestic violence related
calls for assistance; Monthly
Arrest and Citation Register;
Monthly Hate Crimes
Incidents; death in custody
reporting.

CU + 2 GC34090 Original sent to FBI, DOJ
Research Project Files CL + 2 GC34090 May include request forms, background materials, staff reports, final projects
reports and supporting data
Sealed
Adult found factually innocent
Mandatory
destruction
upon and
pursuant to
Court Order
PC 851.8 General provision: upon petition,
records of agency must be sealed and
destroyed in accordance with the
provisions set by court record;
exceptions.

Juvenile Mandatory
destruction
upon and
pursuant to
Court Order
WIC 826 (a) & (b)
WIC 781 (a)
Upon petition, local laws enforcement
records within WIC 826 (b) may be
destroyed as ordered by the court, if
related to probation and juvenile court
records have been destroyed by the
probation officer. Records involving
arrest, detention and/or petitioning
juvenile before juvenile court.

Subpoenas (Duplicate) CU + 2 GC34090
Tapes
Audio, telephone and radio
communications
CU + 180 days GC34090.6 Exception: Recordings used as
evidence in a criminal prosecution or
claim filed or litigation or potential
claims and litigation shall be preserved
for 100 days after conclusion of the
court action
Surveillance/security video
(jail)
CU + 13 mos GC34090.6 Exception: Recordings used as
evidence in a criminal prosecution or
claim files or litigation or potential
claims and litigation shall be preserved
for 100 days after conclusion of the
court action
Use of force supervisory
review files
CU + 2 GC34090 Include review forms, arrest reports
copies, logs